Terms and Conditions

1. Acceptance of Terms

Welcome to Insomo, a sleep tracking application developed and operated by Emberforge Apps ("Company," "we," "our," or "us"). These Terms and Conditions ("Terms," "Terms and Conditions," or "Agreement") govern your use of the Insomo mobile application ("App," "Service," or "Application") and constitute a legally binding agreement between you ("User," "you," or "your") and Emberforge Apps.

By downloading, installing, accessing, or using the Insomo application, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these terms, you must not download, install, access, or use the Application.

These Terms apply to all users of the Application, including but not limited to free users, premium subscribers, and trial users. Your continued use of the Application following any modifications to these Terms constitutes your acceptance of such changes.

2. Eligibility and Account Requirements

2.1 Age Requirements

You must be at least 13 years of age to use the Insomo Application. Users between 13 and 18 years of age may require parental consent in certain jurisdictions. If you are under 18, you represent that you have obtained permission from your parent or legal guardian to use this Application.

2.2 Account Creation

To access certain features of the Application, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

2.3 Account Suspension and Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violation of these Terms, illegal activity, or any other reason we deem appropriate in our sole discretion.

3. Permitted Use and Restrictions

3.1 License Grant

Subject to your compliance with these Terms, Emberforge Apps grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Insomo Application on compatible devices that you own or control, solely for your personal, non-commercial use.

3.2 Permitted Uses

You may use the Insomo Application to:

• Track and monitor your personal sleep patterns and habits
• Access relaxation sounds and breathing exercises
• View your personal sleep insights and analytics
• Customize your sleep tracking preferences and goals
• Export your personal sleep data for your own records

3.3 Prohibited Uses

You expressly agree not to:

• Reverse Engineer: Decompile, disassemble, reverse engineer, or attempt to derive the source code of the Application
• Circumvent Security: Bypass, remove, alter, deactivate, degrade, or thwart any security features of the Application
• Commercial Use: Use the Application for any commercial purpose or resell access to the Application
• Data Mining: Use automated systems to extract data from the Application beyond your personal sleep data
• Interference: Interfere with or disrupt the Application's servers, networks, or functionality
• Illegal Activities: Use the Application for any unlawful purpose or in violation of any applicable laws
• Impersonation: Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Harmful Content: Upload, post, or transmit any harmful, offensive, or inappropriate content

4. Health and Medical Disclaimers

4.1 Not a Medical Device

IMPORTANT: Insomo is designed for wellness and lifestyle purposes only and is NOT a medical device, medical application, or diagnostic tool. The Application is not intended to diagnose, treat, cure, or prevent any disease or medical condition, including but not limited to sleep disorders such as sleep apnea, insomnia, restless leg syndrome, or any other sleep-related medical conditions.

4.2 Professional Medical Advice

The information, insights, and recommendations provided by the Insomo Application should not be used as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or sleep disorder.

4.3 Emergency Situations

In case of a medical emergency or if you experience severe sleep disturbances, difficulty breathing during sleep, or other serious symptoms, seek immediate medical attention. Do not rely on the Application for emergency medical situations.

4.4 Data Accuracy

While we strive to provide accurate sleep tracking and insights, the data provided by the Application may not be 100% accurate and should not be relied upon for medical decisions. Factors such as device placement, environmental conditions, and individual differences may affect the accuracy of sleep tracking data.

5. Subscription and Payment Terms

5.1 Free and Premium Services

Insomo offers both free and premium subscription services. Free users have access to basic sleep tracking features, while premium subscribers gain access to advanced analytics, unlimited history, premium sounds, and additional features.

5.2 Subscription Plans

Premium subscriptions are available on various terms (monthly, yearly) as displayed in the Application. Subscription fees are charged in advance and are non-refundable except as required by applicable law or as otherwise specified in these Terms.

5.3 Auto-Renewal

Premium subscriptions automatically renew at the end of each subscription period unless you cancel before the renewal date. You can manage your subscription and turn off auto-renewal through your App Store account settings.

5.4 Price Changes

We reserve the right to modify subscription prices at any time. Price changes will not affect your current subscription period but will apply to subsequent renewal periods. We will provide reasonable notice of price changes.

5.5 Refunds

Refund policies are governed by the App Store from which you purchased your subscription (Apple App Store or Google Play Store). We do not have direct control over refunds but will assist with refund requests when possible.

6. Intellectual Property Rights

6.1 Ownership

The Insomo Application, including all content, features, functionality, software, designs, graphics, user interfaces, trademarks, logos, and other materials, are owned by Emberforge Apps and are protected by copyright, trademark, and other intellectual property laws.

6.2 User Data

You retain ownership of your personal sleep data and information that you provide to or generate through the Application. However, by using the Application, you grant us a limited license to use your data as described in our Privacy Policy.

6.3 Feedback

If you provide feedback, suggestions, or ideas about the Application, you grant us the right to use such feedback without any obligation to compensate you or obtain your further consent.

6.4 Third-Party Content

The Application may include content from third parties (such as relaxation sounds or educational materials). Such content remains the property of its respective owners and is licensed to us for inclusion in the Application.

7. Privacy and Data Protection

7.1 Privacy Policy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Application, you consent to our data practices as described in the Privacy Policy.

7.2 Data Security

We implement industry-standard security measures to protect your data, including encryption and secure data storage. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

7.3 Data Retention

We retain your data as described in our Privacy Policy. You may request deletion of your account and associated data at any time, subject to legal retention requirements.

8. Disclaimers and Limitations of Liability

8.1 "As Is" Disclaimer

THE INSOMO APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, EMBERFORGE APPS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Service Availability

We do not guarantee that the Application will be available at all times or that it will be free from errors, viruses, or other harmful components. We may temporarily suspend the Service for maintenance, updates, or other operational reasons.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMBERFORGE APPS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Personal injury or property damage
• Emotional distress or mental anguish
• Any other intangible losses

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8.4 Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, network failures, or other force majeure events.

9. Indemnification

You agree to indemnify, defend, and hold harmless Emberforge Apps, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Application
• Your violation of these Terms and Conditions
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

10. Termination

10.1 Termination by You

You may terminate your account at any time by deleting the Application from your device and contacting us to request account deletion. Upon termination, your right to use the Application will cease immediately.

10.2 Termination by Us

We may terminate your access to the Application at any time, with or without cause, and with or without notice, for any reason including but not limited to:

• Violation of these Terms and Conditions
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Technical or security reasons

10.3 Effect of Termination

Upon termination, all rights granted to you under these Terms will cease, and you must delete all copies of the Application from your devices. Provisions that by their nature should survive termination will remain in effect.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.

11.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Application shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except for disputes that may be taken to small claims court.

11.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and Emberforge Apps individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

12. Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. When we make changes, we will:

• Post the updated Terms within the Application
• Update the "Last Updated" date at the top of these Terms
• Notify you of material changes through the Application or via email
• Provide you with the opportunity to review the changes

Your continued use of the Application after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Application.

13. General Provisions

13.1 Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Emberforge Apps regarding the use of the Insomo Application.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be replaced with a valid provision that most closely matches the intent of the original.

13.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term.

13.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

13.5 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated herein.

14. Contact Information

If you have any questions, concerns, or legal inquiries regarding these Terms and Conditions, please contact us:

For the fastest response, please include:

• Your account email address (if applicable)
• Specific section or clause you're inquiring about
• Nature of your question or concern
• Any relevant details about your situation

Effective Date: These Terms and Conditions are effective as of September 8, 2025.

By downloading and using the Insomo Application, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.