Terms of Service

1. Overview

These Terms of Service ("Terms") govern your use of Driftless Sleep Sounds ("Driftless," "the app"), developed by Michael Hrdlicka / Hrdlicka Apps LLC ("we," "us," or "our"), available on iOS/iPadOS via the Apple App Store and on Android via the Google Play Store. By downloading or using Driftless, you agree to these Terms. If you do not agree, please do not use the app.

These Terms apply to both platforms. Where a provision differs between iOS and Android, it is clearly labeled.

2. Permitted Use

Driftless is intended for personal, non-commercial use as a sleep and relaxation aid. You agree not to:

• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the app.
• Create derivative works based on the app or its audio content.
• Record, capture, redistribute, or resell any audio content included in the app.
• Use the app in any way that violates applicable local, national, or international laws or regulations.
• Resell, sublicense, or redistribute the app or any of its components.

3. Audio Content

All sound recordings, soundscapes, and audio mixes included in Driftless are proprietary content owned by or licensed to Michael Hrdlicka / Hrdlicka Apps LLC. Your use of the app grants you a personal, non-transferable license to listen to this content within the app for personal, non-commercial purposes only. This license does not permit you to copy, record, redistribute, broadcast, or otherwise use the audio outside of the app.

4. Premium Unlock and Tip Jar

Driftless offers an optional one-time Premium unlock and a tip-jar feature. All purchases are processed entirely by the platform's payment system — Apple's App Store (via StoreKit 2) on iOS and Google Play Billing on Android. We do not collect, process, or store any payment information.

Refunds

All refund requests are handled directly by Apple or Google in accordance with their respective refund policies. We have no ability to issue refunds directly. Nothing in these Terms affects any statutory refund or cancellation rights you may have under the laws of your country or region, including the EU's 14-day right of withdrawal where applicable.

Restoring Purchases

If you reinstall the app or switch devices, you can restore your Premium unlock at no charge using the Restore Purchases option in the app, provided you are signed in to the same Apple ID or Google Play account used for the original purchase.

5. Your Data and Privacy

Driftless stores your sleep log and preferences locally on your device. On iOS, your sleep log is optionally synced to your private iCloud account via Apple's CloudKit. We have no servers and no access to your data at any time.

Please review our Privacy Policy for a full explanation of what data Driftless does and does not collect, how it is stored, and what platform services the app communicates with.

6. Third-Party Services

Driftless communicates with the following platform services in the course of normal operation:

We are not responsible for the practices, content, or availability of any third-party service. Your use of those services is governed by their respective terms and privacy policies.

7. Sleep and Wellness Disclaimer

Driftless is an entertainment and relaxation app. It is not a medical device, a sleep therapy tool, or a substitute for professional medical advice. Nothing in the app constitutes a diagnosis, treatment recommendation, or clinical guidance of any kind. If you have a sleep disorder or other medical condition, please consult a qualified healthcare provider.

Do not use Driftless in any situation where falling asleep could be dangerous, such as while driving or operating machinery.

8. Intellectual Property

Driftless and all of its content — including audio recordings, soundscapes, design, code, branding, and associated materials — are the property of Michael Hrdlicka / Hrdlicka Apps LLC and are protected by applicable intellectual property laws. These Terms do not transfer any ownership rights to you. Downloading Driftless grants you a limited, personal, non-exclusive, non-transferable license to use the app on your own devices for personal purposes in accordance with these Terms.

9. Disclaimer of Warranties

To the extent permitted by applicable law, we disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, reliability, or non-infringement. We do not warrant that the app will be error-free, uninterrupted, or that sleep timers, bedtime reminders, and alarms will fire without fail in all circumstances (for example, due to operating system restrictions, low-power modes, or device settings outside our control).

10. Limitation of Liability

To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use Driftless, including but not limited to loss of sleep log data, missed alarms, or any harm resulting from reliance on the app as a sleep aid — even if we have been advised of the possibility of such damages.

Our total liability to you for any claim arising out of these Terms or your use of the app shall not exceed the amount you paid for the Premium unlock, or $10 USD, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages or implied warranties. In those jurisdictions, our liability is limited to the greatest extent permitted by law, and nothing in these Terms removes or limits rights you have under mandatory local consumer protection laws.

11. Statutory Consumer Rights

If you are located in a jurisdiction whose laws provide consumer rights that cannot be waived by contract — including but not limited to the European Union, the United Kingdom, Australia, Canada, or any other jurisdiction with mandatory consumer protection legislation — nothing in these Terms limits or overrides those rights. Your statutory rights remain fully intact regardless of any other provision in these Terms.

12. Privacy and Data Protection

Driftless does not collect or transmit personal data to our own servers. Because we do not process personal data, Driftless operates outside the scope of obligations imposed on data controllers by regulations such as the EU General Data Protection Regulation (GDPR), the UK GDPR, the California Consumer Privacy Act (CCPA/CPRA), Canada's PIPEDA, and Australia's Privacy Act. Any data stored on your device or synced via iCloud is subject to Apple's privacy policy, not ours.

If you are located in the EEA, UK, California, or another jurisdiction with applicable privacy rights and you believe you have a rights request that cannot be fulfilled through the app itself, please contact us at support@hrdlickaapps.com. See our full Privacy Policy for details.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Iowa, United States, without regard to its conflict of law provisions, except where mandatory local laws in your jurisdiction require otherwise.

If you are a consumer located in the EU or UK, you may also have the right to bring a claim in the courts of your country of residence, and nothing in these Terms affects that right. EU consumers may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr. For all other users, any disputes arising under these Terms shall be subject to the jurisdiction of the courts located in Iowa.

14. Termination

You may stop using Driftless at any time by deleting the app from your device. On iOS, deleting the app removes local preferences; your sleep log in iCloud will remain until you delete it from iCloud Settings. On Android, deleting the app permanently removes all Driftless data from your device, as cloud backup is disabled.

We reserve the right to discontinue the app or any of its features at any time. We will make reasonable efforts to provide advance notice of significant changes.

15. Changes to These Terms

We may update these Terms from time to time. Updated Terms will be posted on this page with a revised date at the top. For significant changes, we will provide notice through App Store or Google Play update notes. Your continued use of Driftless after changes are posted constitutes your acceptance of the updated Terms.

16. Contact

If you have questions about these Terms, please contact us:

• Developer: Michael Hrdlicka
• Email: support@hrdlickaapps.com