The agreement, in plain words.

This agreement

These terms are the agreement between you and Lalai ("we", "us") for the Lalai app and the website at lalai.app (together, "Lalai"). By installing, opening or using Lalai you accept them. If you don't accept them, please don't use it.

01Health and safety

Lalai is not a medical device. It is an app for relaxation and entertainment: stories, sounds and music to listen to at bedtime. It is not intended to diagnose, treat, cure, mitigate, prevent or monitor any disease or medical or psychological condition, including insomnia, sleep apnea or any other sleep disorder, anxiety or depression. It has not been evaluated, cleared or approved by the US Food and Drug Administration or by any other medical regulator.

No promise of results. People are different. We do not promise that Lalai will help you fall asleep, stay asleep, sleep better or longer, or feel more rested, or that it will have any other effect on your sleep, health or wellbeing.

Not medical advice. Nothing in Lalai is medical, psychological or other professional advice, and it is not a substitute for it. Ask a doctor or another qualified health professional about any question you have about your sleep or your health, and never ignore professional advice or delay seeking it because of something you heard, read or saw in Lalai.

When to see a doctor. Please see a doctor if trouble sleeping lasts for more than a few weeks or affects your days, or if you snore loudly, stop breathing or gasp for air in your sleep, or often feel very sleepy during the day.

Not for emergencies. Lalai is not an emergency or crisis service. If you think you may have a medical emergency, or you are thinking about harming yourself, contact your local emergency number straight away. In the United States you can call 911, or call or text 988 to reach the 988 Suicide & Crisis Lifeline.

Listening safely

• Never listen while driving, cycling, operating machinery or doing anything else that needs you to stay alert. Lalai is designed to make you drowsy.
• Don't listen in the bath, or anywhere else where falling asleep could be dangerous.
• Keep the volume low and comfortable. Listening at high volume for a long time, especially through headphones or earbuds, can damage your hearing. Stop if you notice ringing in your ears or any discomfort.
• If you play Lalai for a baby or a young child, keep the phone or speaker and any cable out of the crib or bed and well away from it, at least 7 feet (about 2 metres), with the volume low.
• Don't put your phone under a pillow or charge it in your bed. Phones and chargers can get hot.
• Lalai's pictures move slowly and are designed without flashing, but a small number of people can have seizures triggered by light patterns on a screen. If you have epilepsy or have ever had a seizure, speak to a doctor before using Lalai, and stop at once if you feel unwell.

Our Health & safety page explains all of this in more detail, with its sources, and forms part of these terms. You are responsible for using Lalai safely and sensibly.

02Who can use Lalai

Lalai is made for adults. You must be at least 13 years old to use it. If you are under 18, or under the age of majority where you live, you may use Lalai only with the permission and involvement of a parent or guardian, who accepts these terms for you and is responsible for your use of Lalai, including any purchases.

03Your licence

We give you a personal, non-exclusive, non-transferable, revocable licence to use Lalai on devices you own or control, for your own private, non-commercial listening. Some parts of Lalai, such as the field recordings, are used under licences from others. Their credits and licences are listed in the app under Where the sounds came from.

04Subscriptions and free trials

• Free content. Some of Lalai is free and needs no subscription. At the moment that is The Night Train Through the Snow, a starter set of sounds and music, the mixer, the sleep timer and saved mixes.
• Plans. Everything else needs a Lalai subscription, which is an auto-renewing subscription billed monthly or yearly through the app store you subscribe with, such as Apple's App Store or Google Play. The plans, prices, currency and any free trial shown in the app when you subscribe are the ones that apply to you. Prices can vary by country and may include taxes.
• Free trial. New subscribers may be offered a free trial, currently 7 days. Apple and Google decide who is eligible, usually one trial per account. When the trial ends, your subscription starts automatically and you are charged for your first period, unless you have cancelled. To be sure you aren't charged, cancel at least 24 hours before the trial ends. If you are not eligible for a trial, you are charged when you subscribe. If you buy a subscription during a free trial, any unused part of the trial ends.
• Automatic renewal. Your subscription renews automatically at the end of each period for another period of the same length, until you cancel. Your store account may be charged for a renewal up to 24 hours before the current period ends, so to avoid the next charge, cancel at least 24 hours before the end of the current period.
• Cancelling. You can cancel at any time in your App Store or Google Play subscription settings. The Support page shows where. Cancelling stops future charges. It doesn't refund the period you have already paid for, and you keep access until that period ends. Deleting the app doesn't cancel your subscription.
• Price changes. If we change the price of a subscription, Apple or Google will tell you in advance, and where the law or their rules require it they will ask you to agree before charging the new price. You can cancel before the change takes effect.
• Payments and refunds. Payments are taken and processed by Apple or Google, never by us, and refunds are handled under their policies (see Refunds). If you live in the European Union, the United Kingdom or another country that gives consumers a right to withdraw from a purchase or to get a refund, you can exercise it through Apple or Google.

05Content and changes

We add, change and sometimes remove stories, sounds, music and features, and we may change how Lalai works. Our plans for new content, including how often we release new stories, are intentions, not promises. We won't remove so much paid content during a period you have paid for that your subscription stops being worth what you paid for it.

The stories are works of fiction, written for relaxation. Some of the narration, artwork and music in Lalai is created with the help of software, including generative artificial intelligence tools, and all of it is chosen and edited by us.

Paid content needs an internet connection the first time you play it. We don't promise that Lalai will always be available, uninterrupted or free of errors, or that it will work on every device.

06Acceptable use

You agree not to:

• copy, redistribute, broadcast, sell, rent out, publicly perform or share Lalai's stories, recordings, music or artwork;
• extract them from the app, or keep copies other than through the app's own offline storage;
• use them to train, test or improve any machine learning or artificial intelligence model;
• get around or interfere with the way paid content is protected or delivered;
• reverse engineer the app, except where the law allows this despite this restriction; or
• use Lalai unlawfully, or in a way that could harm it or other people.

07Ownership

Lalai, the Lalai name and wordmark, and the stories, narration, music, artwork and software are owned by us or our licensors and are protected by copyright, trademark and other laws. Apart from the licence in section 3, these terms give you no rights in them. If you send us feedback or ideas, we may use them freely and without any obligation to you.

08Privacy

The Privacy Policy explains the small amount of information Lalai handles and how. It forms part of these terms.

09Other companies' services

Lalai relies on services run by other companies, including Apple, Google, RevenueCat, Cloudflare and Expo. Their own terms and privacy policies apply to those services, and we are not responsible for them.

10Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, LALAI IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT LALAI WILL MEET YOUR NEEDS, THAT IT WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS, OR THAT IT WILL IMPROVE YOUR SLEEP, HEALTH OR WELLBEING. YOU USE LALAI AT YOUR OWN RISK.

11Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, LALAI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO LALAI OR THESE TERMS, EVEN IF WE HAVE BEEN TOLD SUCH DAMAGES WERE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO LALAI OR THESE TERMS IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR LALAI IN THE 12 MONTHS BEFORE THE CLAIM AROSE AND US$50.

Some places don't allow some of these exclusions or limits, so they may not all apply to you. Nothing in these terms excludes or limits any liability that cannot be excluded or limited by law, such as liability for death or personal injury caused by negligence or for fraud, and nothing in them affects your statutory rights as a consumer.

12Indemnity

To the extent the law allows, you agree to indemnify us and hold us harmless against any claims, losses and costs, including reasonable legal fees, arising from your breach of these terms or your misuse of Lalai, such as copying or redistributing its content.

13Disputes and arbitration (United States)

(a) Talk to us first. Before starting any claim, please email support@lalai.app with your name, how to reach you, what the dispute is about and what you are asking for. You and we will try in good faith to resolve it informally for at least 60 days before either of us starts an arbitration or a small-claims case.

(b) Arbitration. If you live in the United States, you and we agree that any dispute, claim or controversy arising out of or relating to Lalai or these terms (a "Dispute") will be resolved by final and binding arbitration before a single arbitrator, and not in court. There are two exceptions: either of us may bring an individual claim in a small-claims court that has jurisdiction over it, and either of us may ask a court to stop the infringement or misuse of intellectual property. The Federal Arbitration Act governs this section.

(c) How it works. The American Arbitration Association ("AAA") will administer the arbitration under its Consumer Arbitration Rules in force when it starts, which are available at adr.org. Unless you and we agree otherwise, it will be conducted by video conference or on written submissions, and any hearing in person will take place in the county where you live. Fees are paid as the AAA's Consumer Arbitration Rules provide, which puts most of them on us. If the arbitrator finds your claim was not frivolous, we will also pay any part of your filing fee above what you would have paid to file in court. The arbitrator may award the same individual remedies a court could, but only in favour of the individual party seeking relief and only as far as that party's individual claim requires. The arbitrator decides any question about the scope, enforceability or formation of this section, except questions about (d), which are for a court.

(d) No class actions. You and we may each bring claims against the other only individually, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. If a court decides that this paragraph cannot be enforced for a particular claim or remedy, that claim or remedy, and only that one, will be decided by a court, after any individual arbitration has finished.

(e) Mass filings. If 25 or more demands for arbitration raising similar claims are filed against us by or with the help of the same law firm or organisation, the AAA's Mass Arbitration Supplementary Rules will apply to them, and the parties will work with the AAA to resolve them in batches so that each claim is still decided individually. Any limitation period for a claim in a later batch is paused until that batch begins.

(f) Opting out. You can opt out of this arbitration agreement by emailing support@lalai.app within 30 days of first accepting these terms, with your name and a clear statement that you are opting out of arbitration. Opting out doesn't affect any other part of these terms.

(g) Changes to this section. If we change this section, the change won't apply to any Dispute you had already told us about. If a change makes it materially worse for you, you can reject it by emailing us within 30 days of the change, and the previous version will keep applying to you.

(h) Courts. Any Dispute that is not arbitrated or brought in small-claims court, including if you opt out, will be decided only by the state or federal courts located in the State of Ohio, and you and we consent to their jurisdiction. To the extent the law allows, you and we each waive any right to a jury trial for such a Dispute.

If you live outside the United States, this section 13 doesn't apply to you. You can bring proceedings in the courts of the country where you live, and nothing in these terms takes away the protection of the mandatory consumer laws of that country.

14Governing law

These terms, and any Dispute, are governed by the laws of the State of Ohio and applicable United States federal law, including the Federal Arbitration Act, without regard to conflict-of-laws rules. If you live outside the United States, you also keep the protection of any mandatory provisions of the law of the country where you live. The United Nations Convention on Contracts for the International Sale of Goods doesn't apply.

15Apple and Google

This agreement is between you and Lalai alone, not Apple or Google. We, not Apple or Google, are solely responsible for Lalai and its content, including its maintenance and support, and for any claims by you or anyone else relating to Lalai or your use of it. That includes product liability claims, claims that Lalai fails to meet any legal or regulatory requirement, claims under consumer protection, privacy or similar laws, and claims that Lalai infringes someone else's intellectual property. Apple and Google have no obligation to provide any maintenance or support for Lalai.

If Lalai fails to conform to any warranty that applies to it, you may notify Apple, and Apple will refund the purchase price of the app, if any, to you. To the fullest extent the law allows, Apple has no other warranty obligation of any kind with respect to Lalai.

You must also follow the App Store or Google Play terms that apply to you, including the Usage Rules in Apple's Media Services Terms and Conditions. Apple and its subsidiaries are third-party beneficiaries of these terms, and once you accept them, Apple has the right to enforce them against you as a third-party beneficiary.

You confirm that you are not located in a country subject to a United States Government embargo, or designated by the United States Government as a "terrorist supporting" country, and that you are not on any United States Government list of prohibited or restricted parties.

16Ending the agreement

You can stop using Lalai at any time. To stop paying, cancel your subscription as section 4 describes. We may suspend or end your access if you seriously or repeatedly break these terms, for example by copying or redistributing content, or if the law requires it. If we stop offering Lalai altogether, we will tell you in the app beforehand where we can. Sections 1, 6, 7 and 10 to 18 continue to apply after this agreement ends.

17Changes to these terms

We may update these terms from time to time, for example when Lalai or the law changes. We will post the new version on this page with a new date, and we will also tell you in the app before a material change takes effect. If you keep using Lalai after a change takes effect, you accept the new terms. If you don't agree to them, stop using Lalai and cancel any subscription.

18General

These terms, together with the Privacy Policy and the Health & safety page, are the whole agreement between you and us about Lalai. If any part of them is found to be unenforceable, the rest stays in effect, subject to what section 13(d) says about class actions. If we don't enforce a part of these terms straight away, we can still enforce it later. You may not transfer your rights under these terms. We may transfer ours to anyone who takes over Lalai, without reducing your rights. No one other than you, us, and Apple and its subsidiaries as section 15 describes, has any rights under these terms.

California residents: under California Civil Code section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

19Contact

Questions, complaints or claims about Lalai go to support@lalai.app.