The agreement
These Terms of Service ("Terms") are an agreement between you and the developer of Nohmah ("Nohmah", "we", "us") covering your use of the Nohmah iPhone app and this website (together, the "Service"). By downloading or using Nohmah, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use the Service.
Who can use Nohmah
You must be at least 13 years old (16 in the EU and UK) to use Nohmah. If you're under the age of majority where you live, you may use Nohmah only with the involvement of a parent or guardian, who agrees to these Terms on your behalf.
Your license to use the app
We grant you a personal, non-exclusive, non-transferable, revocable license to use Nohmah on Apple devices that you own or control, as permitted by the Apple Media Services Terms and Conditions (including Family Sharing, where available). You may not:
- copy, modify, distribute, sell or rent the app or any part of it;
- extract, record or redistribute Nohmah's music, signal or soundscapes, which are licensed to you for listening inside the app only;
- reverse engineer or attempt to obtain the app's source code, except where the law expressly allows it; or
- use the Service unlawfully or in a way that could harm us, other users or the Service.
Subscriptions, payments and refunds
Nohmah is a paid app. You can choose a weekly or yearly subscription, or a one-time lifetime purchase. Current prices are shown in the app before you buy and may vary by country.
- Payment is charged to your Apple ID account when you confirm your purchase.
- Subscriptions renew automatically at the same price and for the same period unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the period ends.
- You can manage or cancel your subscription anytime in your iPhone's Settings → [your name] → Subscriptions. Cancelling stops future renewals; you keep access until the end of the period you've paid for.
- If we offer a free trial, any unused part of it ends when you purchase a subscription.
- Lifetime access is a one-time payment for the life of the app on your Apple ID. It doesn't renew.
- All purchases are processed by Apple. Refunds are handled by Apple under its policies; you can request one at reportaproblem.apple.com.
- We may change prices in the future. Apple will notify you of any price increase to an existing subscription as required, and you can cancel before it applies.
If you reinstall Nohmah or move to a new device, tap Restore Purchases to restore access.
App blocking
Nohmah's app blocking uses Apple's Screen Time and works within the limits Apple sets. Please keep in mind:
- You choose which apps to block and when. Blocking is a tool to support your focus, not a guarantee; it may not work as expected if Screen Time permission is turned off, if iOS changes, or in other circumstances outside our control.
- Hard Mode is designed to be hard to undo. Once a Hard Mode window starts, you can't turn it off in Nohmah until the window ends. Only turn it on if you're comfortable with that.
- Don't block apps you may need in an emergency or for health, safety, work or caregiving reasons. iOS always lets you make emergency calls, but the apps you choose to block will stay blocked.
We're not responsible for missed messages, calls, notifications or other consequences of apps being blocked by settings you chose.
Health and safety
- Nohmah is a focus and relaxation tool. It is not a medical device and doesn't diagnose, treat or prevent any condition, including sleep disorders or attention conditions. Talk to a healthcare professional about any health concern.
- Listen at a comfortable, safe volume, especially with headphones and during long Sleep sessions.
- Don't use Sleep mode, or any sounds designed to relax you, while driving or operating machinery.
- Figures shown in the app, such as screen time projections and estimates of time you could save, are illustrative estimates based on your answers and general assumptions. They aren't measurements or promises of results.
Our content and ownership
The app, its design, name and logo, and all music, signals, soundscapes and other content are owned by us or our licensors and protected by intellectual property laws. These Terms don't give you any ownership rights. The notes and content you create in the app belong to you and stay on your device and your iCloud.
Third-party services
Nohmah relies on services provided by others, including Apple (App Store, iCloud, Screen Time), RevenueCat and AppsFlyer, as described in our Privacy Policy. Your use of those services may also be subject to their own terms. We're not responsible for third-party services we don't control.
Changes to Nohmah
We're constantly improving Nohmah, so features, sounds and content may change, be added or be removed over time. We may also suspend or end your access if you seriously or repeatedly breach these Terms. You can stop using Nohmah at any time by deleting the app and cancelling any subscription.
Disclaimers
To the fullest extent permitted by law, Nohmah is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We don't promise that the Service will be uninterrupted, error-free, or that it will achieve any particular result.
Limitation of liability
To the fullest extent permitted by law, we won't be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits, opportunities or goodwill, arising from or related to your use of the Service. Our total liability for any claim related to the Service is limited to the amount you paid us for Nohmah in the 12 months before the claim.
Some places don't allow certain warranties or liabilities to be excluded or limited, so some of the above may not apply to you. Nothing in these Terms limits rights you have under consumer laws that can't be waived.
Indemnity
To the extent permitted by law, you agree to indemnify and hold us harmless from claims, losses and expenses (including reasonable legal fees) arising from your misuse of the Service or breach of these Terms.
Apple App Store terms
Because you downloaded Nohmah from Apple's App Store, you and we also agree that:
- These Terms are between you and us only, not Apple. We, not Apple, are solely responsible for Nohmah and its content.
- Apple has no obligation to provide any maintenance or support for Nohmah.
- If Nohmah fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app. To the maximum extent permitted by law, Apple has no other warranty obligation regarding Nohmah, and any other claims, losses or costs from a failure to conform to a warranty are our responsibility.
- We, not Apple, are responsible for addressing any claims relating to Nohmah or your use of it, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and consumer protection or privacy claims.
- If a third party claims that Nohmah or your use of it infringes their intellectual property rights, we, not Apple, are responsible for investigating, defending, settling and discharging that claim.
- You confirm that you're not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you're not on any U.S. Government list of prohibited or restricted parties.
- You must comply with any applicable third-party terms when using Nohmah.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple may enforce them against you.
Disputes
If something goes wrong, please contact us first so we can try to resolve it informally. Nothing in these Terms takes away any right you have under the consumer laws of the country where you live, including the right to bring a claim in your local courts.
Changes to these Terms
We may update these Terms from time to time. We'll change the date at the top of this page, and for significant changes we'll let you know in the app or by email (if you've given it to us). If you keep using Nohmah after changes take effect, you accept the updated Terms.
General
If any part of these Terms is found unenforceable, the rest stays in effect. If we don't enforce a right, we haven't waived it. You may not transfer these Terms without our consent; we may transfer them as part of a merger, acquisition or sale of assets. These Terms and our Privacy Policy are the entire agreement between you and us about the Service.
Contact us
Questions about these Terms? Email mediamaka09@gmail.com.