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. Indemnification

You agree to indemnify and hold harmless Michael Hrdlicka and Hrdlicka Apps LLC from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms, your misuse of Driftless, or your violation of any applicable law or the rights of a third party.

17. Binding Arbitration

If you have a concern or dispute, you agree to first try to resolve it informally by contacting us at support@hrdlickaapps.com. Most issues can be resolved this way.

For users not located in the EU or UK, if a dispute cannot be resolved informally, you and Michael Hrdlicka / Hrdlicka Apps LLC agree that it will be resolved through binding arbitration on an individual basis, rather than in court, except that either party may bring an individual claim in small claims court. You agree to bring claims only in your individual capacity, not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

As set out in Section 13 above, this arbitration and class-action-waiver provision does not apply to EU or UK consumers, who retain the right to bring a claim in the courts of their country of residence.

18. Compliance with Laws and Export Control

You agree to use Driftless only in compliance with all applicable laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to a U.S. government embargo, and that you are not on any U.S. government list of prohibited or restricted parties.

19. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Michael Hrdlicka / Hrdlicka Apps LLC regarding Driftless, and supersede any prior agreements or understandings.

Severability. If any provision of these Terms is found unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction — for example, in connection with a merger, acquisition, or sale of assets.

20. Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: the provider of Driftless is Michael Hrdlicka / Hrdlicka Apps LLC, Iowa, USA, reachable at support@hrdlickaapps.com. Any Premium unlock or tip-jar purchases are billed and processed entirely through the Apple App Store or Google Play Store, not directly by us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

21. Contact

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

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