Terms of Service

Last Updated: December 24, 2024

Agreement to Terms

By accessing BrownNoise.com and using our BrownNoise mobile application ("Service"), you agree to these Terms of Service ("Terms"). If you disagree, do not use our Service.

Eligibility

You must be:

  • At least 13 years old (or 16 in the EU)
  • Legally capable of entering into binding contracts
  • Not prohibited from using our Service under applicable laws

Account Registration

Creating an Account

  • Provide accurate, complete information
  • Maintain security of your password
  • Notify us immediately of unauthorized access
  • You're responsible for all account activity

Account Termination

We may suspend or terminate accounts that:

  • Violate these Terms
  • Engage in fraudulent activity
  • Abuse or misuse the Service

Subscription & Payments

Free Trial

  • 7-day free trial for new users
  • Automatic conversion to paid subscription unless canceled
  • One free trial per user

Paid Subscriptions

  • Monthly: $3.99/month
  • Annual: $39.99/year (save 17%)
  • Auto-renewal unless canceled 24 hours before renewal
  • Prices subject to change with 30-day notice

Payment Processing

  • Processed through App Store, Google Play, or Stripe
  • Billing occurs at start of subscription period
  • Failed payments may result in service suspension

Refunds

See our Refund Policy for details. Generally:

  • iOS/Android: Handled by App Store/Google Play
  • Web subscriptions: 7-day money-back guarantee

Service Features

Free Features

  • 12 brown noise tracks
  • Web player access
  • Basic playback controls

Premium Features

  • 190+ audio tracks
  • Offline downloads
  • Sleep tracking
  • Custom timers
  • Ad-free experience
  • High-quality audio

Service Availability

  • We strive for 99.9% uptime
  • Scheduled maintenance may cause brief interruptions
  • We don't guarantee uninterrupted service

Acceptable Use

You MAY:

  • Use Service for personal, non-commercial purposes
  • Download content for offline listening (premium users)
  • Share feedback and suggestions

You MAY NOT:

  • Download, copy, or distribute content outside the app
  • Reverse engineer or decompile our software
  • Use automated systems (bots, scrapers) to access Service
  • Share accounts or login credentials
  • Resell or redistribute our content
  • Use Service for illegal purposes
  • Impersonate others or provide false information
  • Interfere with Service security or integrity

Intellectual Property

Our Content

All audio, graphics, logos, and content are owned by BrownNoise.com or licensed to us. Protected by:

  • Copyright laws
  • Trademark laws
  • Intellectual property rights

Limited License

We grant you a limited, non-exclusive, non-transferable license to:

  • Access and use the Service
  • Stream and download audio (premium users only)
  • For personal, non-commercial use only

Your Feedback

By submitting feedback, you grant us a perpetual, royalty-free license to use it without compensation.

Content Disclaimer

No Medical Advice

  • Our Service provides audio content only
  • Not a substitute for professional medical advice
  • Consult healthcare providers for sleep disorders
  • We make no health claims or guarantees

User Responsibility

  • Use at safe volume levels
  • Do not use while driving or operating machinery
  • Stop use if you experience adverse effects

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

We Are Not Liable For:

  • Indirect, incidental, or consequential damages
  • Lost profits, data, or opportunities
  • Service interruptions or errors
  • Third-party actions or content
  • Damages exceeding amount paid in last 12 months

No Warranties

Service provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied.

Indemnification

You agree to indemnify and hold harmless BrownNoise.com from claims arising from:

  • Your violation of these Terms
  • Your misuse of the Service
  • Your violation of third-party rights

Dispute Resolution

Governing Law

These Terms are governed by the laws of [Your State/Country].

Arbitration Agreement

  • Disputes resolved through binding arbitration
  • Waive right to class actions
  • Small claims court remains available
  • 30-day informal resolution period required first

Exceptions

We may seek injunctive relief in court for:

  • Intellectual property violations
  • Unauthorized access or use
  • Violations of Acceptable Use Policy

Modifications to Service

We reserve the right to:

  • Modify or discontinue features
  • Change subscription pricing (with notice)
  • Update content library
  • Improve or change Service functionality

Termination

Your Rights

  • Cancel subscription anytime through account settings
  • Delete account through app or by contacting support

Our Rights

We may terminate or suspend your access for:

  • Terms violations
  • Fraudulent activity
  • Extended periods of inactivity
  • Legal requirements

Effect of Termination

  • Subscription benefits end immediately
  • Data may be deleted per Privacy Policy
  • Certain provisions survive termination

General Provisions

Entire Agreement

These Terms constitute entire agreement between you and BrownNoise.com.

Severability

If any provision is invalid, remaining provisions remain in effect.

No Waiver

Our failure to enforce any right doesn't waive that right.

Assignment

We may assign these Terms; you may not without our consent.

Force Majeure

We're not liable for delays/failures due to circumstances beyond our control.

Contact Information

Questions about these Terms?

  • Email: legal@brownnoise.com