SomniSense Privacy Policy & Terms of Service (iOS)
Effective Date: April 26, 2026 ยท Last Updated: April 26, 2026
Applies to: SomniSense for iOS (bundle identifier net.somniai.snoredetector), distributed via the Apple App Store
Plain-English Summary
· Your audio stays on your iPhone or iPad. SomniSense analyzes snoring and breathing sounds entirely on your device using on-device Core ML / TensorFlow Lite models. We never upload, transmit, or back up your audio recordings to any server.
· We collect only what we need to run your account. Your email, sign-in token, sleep statistics (BRI score, snore counts, event durations), device model, and Apple App Store subscription status are stored on your device and synced to your SomniSense account so you can see your history across reinstalls.
· We are not a medical service. SomniSense is a wellness tool. It does not diagnose, treat, cure, or prevent any condition. If you are concerned about your sleep or breathing, please see a healthcare professional.
Privacy Policy
1. Data Collection and Usage
1.1 Data Collection
When you use SomniSense, we collect the following categories of data:
Account Information. Email address, password (stored only in hashed form on our servers, never in plaintext), and a server-issued account identifier. You provide this when you register. If you choose Sign in with Apple, we receive only the opaque Apple identity token and the email or relay address you authorize Apple to share with us; we do not receive your Apple ID password or any other Apple account credentials.
Device Information. Your device model (e.g. "iPhone 15"), iOS or iPadOS version, app version, app language preference, and timezone. This information is used to render your sleep reports correctly and to help us reproduce technical issues. We do not collect your IP address as a stored field, your IDFA (Advertising Identifier), your IDFV beyond Apple's default first-party identification, your phone number, SIM information, MAC address, or any precise hardware fingerprint.
Sleep Statistics (Aggregated). When a sleep monitoring session ends, your device computes per-minute and per-night statistics — snoring count, snoring duration, dB level (average and peak), classified breathing-irregularity event counts (paused-breathing and reduced-breathing events bucketed by duration), BRI (Breathing Irregularity Index — equivalent to the per-hour AHI scale used in clinical literature, reported here as an informational wellness value, not a diagnosis), session start time, end time, and total duration. These aggregated numbers may be synced to your SomniSense account for cross-device history and trend analysis.
Sleep Sound Data (Audio). SomniSense uses your device's microphone during a sleep session to record audio. The audio is processed locally on your device by an on-device machine-learning model (Core ML / TensorFlow Lite) that produces the statistics above. Audio recordings are never uploaded, transmitted, or stored on our servers. See Section 1.4 for details.
Subscription Information. When you subscribe to SomniSense Pro through the Apple App Store, we receive your transaction identifier, original transaction identifier, product identifier (e.g. pro_monthly, pro_quarterly, pro_annual), purchase status, renewal expiry date, and the StoreKit 2 receipt or signed transaction payload necessary to verify entitlement. We use this only to verify your subscription and unlock Pro features. We do not receive your payment card number, billing address, Apple ID, or any payment instrument details — those stay with Apple.
Push Notification Token. When push notifications are enabled, the Apple Push Notification service (APNs) issues your device a token. We store this token on our servers so we can send you the in-app notifications you have enabled (sleep report ready, subscription renewal, etc.). The token does not identify you personally outside of our system.
User-Provided Profile and Goal Data. When you complete onboarding or edit your profile, we collect age range bucket, gender (optional), height, weight, sleep concerns selected from a predefined list (e.g., "Partner says I snore"), bedtime / wake-time preferences, and any health goals you set within the app. This is used solely to personalize your in-app experience.
In-Session Questionnaire Data. Pre-sleep factors (alcohol, caffeine, exercise, stress, late meal, medication) and tonight's improvement choices (side sleeping, head elevation, nasal aid, CPAP, anti-snore pillow, relaxation) you optionally tag for a session.
1.2 Service Tiers and Feature Access
SomniSense provides two service tiers:
Free. Sleep monitoring with snoring and breathing-irregularity event detection; rolling 7-day report history; up to 3 audio-clip plays per session; no Trends page; no PDF export.
SomniSense Pro (Subscription). Unlimited report history; unlimited audio playback within your stored sessions; full Trends page; PDF export.
A free trial period may be offered to new users, after which the Pro subscription auto-renews unless cancelled. See Section 10 for billing details.
1.3 Permission Usage
SomniSense for iOS declares only the permissions strictly necessary to perform its core function. The following permission is currently declared in the app's Info.plist and used as described:
Microphone (NSMicrophoneUsageDescription). Required to capture sleep sounds for on-device analysis. The user-facing description shown by iOS reads: "SomniSense uses the microphone to monitor ambient sounds during your sleep to detect and analyze snoring patterns." Audio is processed locally on your device; no audio leaves your device.
In addition, SomniSense uses the following standard iOS system services that do not require an NSUsageDescription prompt:
Local Notifications (UNUserNotificationCenter). Used to display the morning sleep report notification, your bedtime reminder, and subscription renewal reminders. iOS will ask for your permission the first time we request authorization. You may revoke this permission at any time in Settings → SomniSense → Notifications.
Apple Push Notification service (APNs). Used together with local notifications to deliver any server-originated notifications you have enabled.
Background App Refresh / BGTaskScheduler. The bundle declares the permitted background-task identifier net.somniai.snoredetector so that scheduled background work (e.g. session finalization) can run.
StoreKit 2. Apple's in-app purchase framework, used to fetch and verify your SomniSense Pro subscription.
Sign in with Apple (AuthenticationServices). Offered as a sign-in option alongside email registration. Required by Apple App Store Review Guideline 4.8 because we offer email-based account creation.
We do not request, and the app does not declare:
NSBluetoothAlwaysUsageDescription / NSBluetoothPeripheralUsageDescription — no Bluetooth access
NSLocationWhenInUseUsageDescription / NSLocationAlwaysAndWhenInUseUsageDescription — no location access (foreground or background)
NSHealthShareUsageDescription / NSHealthUpdateUsageDescription — no HealthKit integration; SomniSense does not read from or write to Apple Health
NSUserTrackingUsageDescription — no App Tracking Transparency prompt; SomniSense does not perform tracking as defined by Apple's ATT framework
NSCameraUsageDescription — no camera access
NSContactsUsageDescription — no contacts access
NSCalendarsUsageDescription / NSRemindersUsageDescription — no calendar or reminders access
NSPhotoLibraryUsageDescription / NSPhotoLibraryAddUsageDescription — no photo library access
NSMotionUsageDescription — no motion / fitness sensor access
NSLocalNetworkUsageDescription — no local network discovery
NSSpeechRecognitionUsageDescription — no speech recognition
NSFaceIDUsageDescription — no Face ID / Touch ID gating
1.4 Sound Data Collection
To analyze your sleep, SomniSense captures audio from your device's microphone during an active sleep session. The audio is used as follows:
On-Device Analysis. Audio is fed in real time into Core ML / TensorFlow Lite models running entirely on your iPhone or iPad. The models output snoring counts, breathing-irregularity event classifications, and dB measurements. Only these aggregated numbers are persisted; raw audio is encoded into per-minute clips and stored locally so you can play them back.
Local-Only Storage Inside the App Sandbox. All audio recordings are processed and stored locally on your device only, inside the SomniSense app's iOS sandbox (specifically under the app's Documents/ and Caches/ directories), which is not accessible to other apps without your explicit authorization. We do not upload, transmit, sync, or back up your audio data to external servers — including iCloud. Audio files are excluded from iCloud backup.
Local Retention. Free users: audio clips for the most recent 7 nights are retained; older clips are automatically deleted by the app. Pro users: audio clips for the most recent 90 nights are retained. You can manually delete any individual clip or all audio at any time from Settings → Account → Data Management.
1.5 Data Usage
We use the data described above only for the following purposes:
Operating the sleep monitoring, reporting, and trend features of the app.
Maintaining your account and authenticating your sign-in (including Sign in with Apple).
Verifying your Apple App Store subscription status and unlocking Pro features.
Sending the in-app notifications you have enabled.
Diagnosing crashes and improving app stability (using only non-personal device information; we do not run a third-party crash analytics SDK in this release).
Communicating with you about service issues, security alerts, and material policy changes.
We do not use your data for behavioural advertising. We do not profile you for targeted advertising. We do not sell your personal information.
2. Data Storage and Security
2.1 Data Storage
On Your Device. All sleep audio, all per-minute analysis rows, all sleep records, your settings, and a local copy of your account profile are stored inside SomniSense's iOS app sandbox on your iPhone or iPad — primarily within the app's Documents/ and Caches/ directories, with sensitive credentials (sign-in tokens) stored in the iOS Keychain. Other apps cannot read this data without your explicit authorization.
On Our Servers. Your account profile (email, hashed password, account identifier), aggregated sleep statistics, subscription entitlement status, and APNs push token are stored on our servers (operated for SomniAI LLC at API base URL https://api.somniai.net) so that you can sign in on a new device and see your history. Servers are located in the United States.
iCloud. SomniSense does not sync, back up, or otherwise persist your sleep audio, sleep statistics, or account credentials through iCloud, iCloud Drive, or CloudKit. Standard iOS device-level backup behaviour is governed by your own iOS settings, but SomniSense explicitly excludes its audio files from iCloud backup.
2.2 Data Retention Periods
Account data. Retained while your account is active. When you delete your account in-app (Settings → Account → Delete Account, which calls DELETE /user/account on our backend) or by emailing us, we delete your account record and associated personal data within 30 days, except where retention is required by law.
Sleep statistics on our servers. Free users: retained for 7 days rolling. Pro users: retained indefinitely until you manually delete them or close your account.
Audio recordings. Stored only on your device. Free users: 7-day local rolling retention. Pro users: 90-day local rolling retention. Both can be cleared manually at any time. We do not store audio on our servers.
Push token. Retained while you have notifications enabled. Cleared when you disable notifications, sign out, or delete the app.
2.3 Data Management
View. All your sleep data is visible in the Reports and Trends pages within the app.
Delete. You can delete individual sessions, clear all audio, or wipe all local data from Settings → Account → Data Management. You can delete your entire account from Settings → Account → Delete Account, which calls our DELETE /user/account endpoint and removes server-side data within 30 days.
Export. You can export individual sleep reports as PDF (Pro feature). Wider account-level data export (your account-level data in a commonly used machine-readable format) is available on request — see Section 4.
2.4 Data Security
In Transit. All network traffic between the app and our servers (https://api.somniai.net) uses HTTPS (TLS 1.2 or higher), with App Transport Security (ATS) enforced by iOS.
On the Server. Account passwords are stored only as salted hashes. Sleep statistics are stored in access-controlled databases.
On the Device. All data is stored within the iOS app sandbox. Sign-in tokens and other credentials are stored in the iOS Keychain with appropriate accessibility flags. iOS automatically encrypts the device's storage when a passcode is set; we strongly recommend enabling a device passcode.
Payment Information. All subscription payments are processed through the Apple App Store using Apple's in-app purchase (StoreKit 2) framework. We do not see, store, or transmit your payment card details, your Apple ID, or any billing information — those stay entirely with Apple.
Security Updates. We update the app regularly to patch security issues. Please keep the app updated through the App Store.
3. Data Sharing and Disclosure
We do not sell your personal information.
We share data only with the following service providers, only as necessary to operate the service, and only the data categories listed:
Operate your account; sync sleep history across devices
Apple Inc. — Apple App Store + StoreKit 2 + Apple Push Notification service + Sign in with Apple
United States
Subscription transaction identifier, original transaction identifier, product identifier, signed transaction payload / receipt; APNs push token; Sign in with Apple opaque identity token
Process subscription purchases, renewals, and refunds; verify entitlement; deliver push notifications you have enabled; authenticate users who choose Sign in with Apple
We may also disclose your information when legally required to do so — for example, in response to a valid court order, subpoena, or government request — or when we believe in good faith that disclosure is necessary to protect our rights, your safety, or the safety of others.
We do not integrate, in this release of SomniSense for iOS:
Firebase (Cloud Messaging, Analytics, Crashlytics, Remote Config, or any other Firebase product)
Google Analytics, Adjust, AppsFlyer, Mixpanel, Amplitude, Sentry, Branch, Singular, Kochava, Facebook SDK, TikTok SDK, or any other third-party advertising, attribution, or analytics SDK
Apple Health / HealthKit, Google Fit, Samsung Health, Fitbit, Garmin Connect, Withings, or any other third-party health platform
Aliyun OSS, AWS S3, Google Cloud Storage, Azure Blob Storage, or any other third-party object-storage service for audio
Any cross-app or cross-website tracking, as defined by Apple's App Tracking Transparency framework — no NSUserTrackingUsageDescription is declared and no ATT prompt is shown
California Consumer Privacy Act (CCPA) — "Do Not Sell or Share My Personal Information." SomniAI LLC does not sell or share personal information as those terms are defined under the CCPA / CPRA. No opt-out is required because we do not sell or share for cross-context behavioural advertising.
4. User Rights
You have the following rights regarding your personal information. To exercise any of them, email service@somnisense.top from the email address on your account, or use the in-app Settings → Account → Delete Account option.
Access. You may request a copy of the personal information we hold about you.
Rectification. You may correct inaccurate personal information directly in Settings → Profile, or by emailing us.
Erasure ("Right to be Forgotten"). You may delete your account and all associated personal information from within the app (which calls DELETE /user/account) or by emailing us. Server-side erasure occurs within 30 days.
Portability. You may request your account-level data in a commonly used machine-readable format (JSON) by emailing us.
Withdrawal of Consent. You may withdraw any consent you have given (e.g. notification permission, microphone permission) at any time in iOS Settings → SomniSense.
Subscription Cancellation. Manage, modify, or cancel your subscription at any time through iOS Settings → [your name] → Subscriptions or in the App Store. Cancellation takes effect at the end of the current billing period.
Sign in with Apple — Stop Using Your Apple ID. If you signed in using Apple, you may stop using your Apple ID with SomniSense at any time from iOS Settings → [your name] → Sign-In & Security → Sign in with Apple → SomniSense → Stop using Apple ID.
Lodge a Complaint. EU/UK residents may lodge a complaint with their local data protection authority.
We respond to verifiable user-rights requests within 30 days.
5. Children's Privacy
SomniSense is not directed to, and we do not knowingly collect personal information from, children under 13 years of age, in compliance with the U.S. Children's Online Privacy Protection Act (COPPA).
If you are between 13 and 17 years of age, you may use SomniSense only with the consent and supervision of a parent or legal guardian who has read and agreed to this Privacy Policy.
If we learn that we have collected personal information from a child under 13 without verifiable parental consent, we will delete the information promptly. Parents or guardians who believe their child has provided personal information to us may contact us at service@somnisense.top.
SomniSense is not a Kids Category app on the App Store, and we have not opted into Apple's Family Sharing distribution for this app's subscriptions. Subscriptions are not shareable through Family Sharing in this release.
6. International Data Transfers
In this release, your sleep audio is stored locally on your device only and is not transferred internationally — there is no cloud audio transfer of any kind.
Your account profile, aggregated sleep statistics, subscription entitlement status, and APNs push token are processed and stored on servers in the United States. If you are located outside the United States, your data will be transferred to and processed in the United States. By using SomniSense, you consent to this transfer.
Apple Inc.'s processing of subscription, push-notification, and Sign in with Apple data is governed by Apple's own privacy policy and may involve global infrastructure operated by Apple.
7. Privacy Policy Updates
We may update this Privacy Policy from time to time. When we make material changes, we will notify you in the app, by email to the address on your account, or both, at least 14 days before the changes take effect (where feasible). The "Effective Date" and "Last Updated" labels at the top of this document indicate the current version. Your continued use of the app after the effective date of the updated policy constitutes acceptance of the updated terms.
Terms of Service
8. Acceptance of Terms
By downloading, installing, or using SomniSense on iOS, you agree to be bound by these Terms of Service and by Apple's standard End User License Agreement for Licensed Application End Users (the "Apple Standard EULA"). If you do not agree to these terms, do not use SomniSense.
These Terms form a binding agreement between you and SomniAI LLC. Apple Inc. is not a party to these Terms, except as expressly described in Section 15 (Apple-Specific Terms).
9. App Services
SomniSense provides the following services:
On-device sleep audio capture and analysis (snoring detection, breathing-irregularity event counts, dB measurements) using Core ML / TensorFlow Lite models running entirely on your iPhone or iPad
Sleep session reports with playback of your locally stored audio clips
Trend analysis over time (Pro)
PDF export of individual sleep reports (Pro)
Personalised goals, bedtime reminders, and morning sleep reports
In-app notifications via Apple Push Notification service (APNs) and local notifications
10. Subscription Services
10.1 Subscription Plans
SomniSense Pro is offered through the Apple App Store using Apple's in-app purchase (StoreKit 2) framework. The following subscription plans are offered (subject to change; final pricing and product identifiers are shown in-app at the time of purchase):
Monthly Pro — recurring monthly auto-renewing subscription (Product ID: pro_monthly[Product IDs TBD by product team])
Quarterly Pro — recurring quarterly auto-renewing subscription (Product ID: pro_quarterly[Product IDs TBD by product team])
Annual Pro — recurring annual auto-renewing subscription (Product ID: pro_annual[Product IDs TBD by product team])
Pro includes unlimited report history, unlimited audio playback within stored sessions, the Trends page, and PDF export.
10.2 Billing and Payment
All payments are processed by Apple via the Apple App Store and StoreKit 2. We do not receive your payment card information, your Apple ID, or any billing details.
Subscriptions are auto-renewing: payment will be charged to your Apple ID account at confirmation of purchase, and your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current price for the same subscription plan, unless cancelled at least 24 hours before the end of the current period.
We may change subscription prices with reasonable advance notice. Material price changes affecting an active subscriber will be notified through the App Store and within the app. Apple may, depending on the magnitude of the price increase and your region, require your explicit consent before charging the new price.
Any unused portion of a free trial period (where offered) will be forfeited when you purchase a subscription, where applicable.
10.3 Free Trials
Some subscription plans may include a free trial or introductory offer. Free trials and introductory offers are available only to eligible new subscribers as determined by Apple, and are limited to one per Apple ID per subscription group. If you do not cancel at least 24 hours before the end of the trial, the trial automatically converts to a paid subscription at the then-current price, charged to your Apple ID.
The exact length and terms of any current free trial are presented to you on the in-app purchase screen at the moment of subscription, in accordance with Apple App Store requirements.
10.4 Cancellation and Refunds
You may cancel your subscription at any time through iOS Settings → [your name] → Subscriptions → SomniSense → Cancel Subscription, or via App Store → [your profile picture] → Subscriptions.
Cancellation takes effect at the end of the current billing period; you retain Pro access until then. Cancelling does not immediately refund the current period.
Refunds are handled exclusively by Apple under Apple's refund policy. To request a refund, visit https://reportaproblem.apple.com or contact Apple Support directly. SomniAI LLC does not process refunds for App Store purchases.
10.5 Subscription Management
You can view, modify, or cancel your subscription at any time through:
iOS Settings → [your name] → Subscriptions
App Store → [your profile picture] → Subscriptions
The in-app Settings → Subscription page within SomniSense
For non-billing assistance, you may contact our support team via https://somnisense.top/faq or service@somnisense.top.
11. User Responsibilities
Provide accurate account information and keep your sign-in credentials secure.
Use SomniSense in a way that is consistent with these Terms and applicable law.
Do not share your account credentials.
Use SomniSense only on a device you own or are authorised to use, and only to monitor your own sleep (or with the explicit informed consent of any other person whose voice may be captured by the microphone).
You are responsible for any data, message, or other charges that your wireless or internet provider may apply.
12. Prohibited Uses
You agree not to:
Use the app for any illegal purpose, or in violation of any applicable law or regulation.
Reverse-engineer, decompile, modify, or attempt to extract source code or model weights from the app, except to the limited extent that applicable law expressly permits despite this restriction.
Circumvent subscription restrictions, paywall logic, or feature gates.
Attempt to gain unauthorised access to our servers, other users' accounts, or any non-public area of our service.
Use automated systems (bots, scrapers, jailbreak tools, etc.) to interact with the app.
Resell, redistribute, sublicense, lease, or otherwise commercialise SomniSense without our express written permission.
Use SomniSense in any country or region embargoed by the U.S. government, or while on any U.S. government list of prohibited or restricted parties.
13. Intellectual Property
SomniSense, including its source code, machine-learning models, brand name, logo, in-app artwork, copy, and audio chimes, is the property of SomniAI LLC and is protected by copyright, trademark, and other intellectual property laws. "SomniSense" and "SomniAI" are trademarks of SomniAI LLC.
Apple, the Apple logo, iPhone, iPad, iPod touch, App Store, Apple ID, iCloud, Sign in with Apple, and StoreKit are trademarks of Apple Inc., registered in the U.S. and other countries. SomniSense is an independent product of SomniAI LLC and is not affiliated with, sponsored by, or endorsed by Apple Inc.
14. Service Availability
We aim to keep SomniSense available and reliable, but we do not guarantee 100% uptime. The service may be temporarily unavailable for maintenance, updates, or factors outside our control (including but not limited to App Store outages and APNs disruptions). Some features (account sync, subscription verification, push notifications) require an active internet connection.
15. Apple-Specific Terms
The following provisions apply specifically to your use of SomniSense on iOS, iPadOS, or any other Apple operating system, in accordance with Apple's developer requirements. In the event of any conflict between these provisions and any other provision of these Terms, these Apple-specific provisions control with respect to your use of SomniSense on Apple platforms.
Acknowledgement. You acknowledge that these Terms are concluded between you and SomniAI LLC only, and not with Apple Inc. SomniAI LLC, not Apple, is solely responsible for SomniSense and the content thereof.
Scope of Licence. The licence granted to you in these Terms is limited to a non-transferable licence to use SomniSense on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions (including, but not limited to, Family Sharing — which is not enabled for this release — and any other terms of the Apple Standard EULA), except that SomniSense may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing only where SomniAI LLC has expressly enabled such use, which it has not for this release.
Maintenance and Support. SomniAI LLC is solely responsible for providing any maintenance and support services with respect to SomniSense, as specified in these Terms or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to SomniSense.
Warranty. SomniAI LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of SomniSense to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for SomniSense to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to SomniSense, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of SomniAI LLC.
Product Claims. You and SomniAI LLC acknowledge that SomniAI LLC, not Apple, is responsible for addressing any claims by you or any third party relating to SomniSense or your possession and/or use of SomniSense, including but not limited to: (i) product liability claims; (ii) any claim that SomniSense fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation.
Intellectual Property Rights. In the event of any third-party claim that SomniSense or your possession and use of it infringes that third party's intellectual property rights, SomniAI LLC, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
Developer Contact. Any questions, complaints, or claims regarding SomniSense should be directed to SomniAI LLC at service@somnisense.top.
Third-Party Beneficiary. You and SomniAI LLC acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
16. Device Requirements
SomniSense for iOS requires:
iOS 16.0 or later (recommended; minimum supported version may be raised in future releases)
A device with a built-in microphone (iPhone or iPad with microphone)
At least 200 MB of free internal storage for the app and recent audio clips
An active internet connection for sign-in, account sync, and subscription verification
An Apple ID for App Store and StoreKit subscription operations
17. Important Notice (Wellness & Disclaimer)
Lifestyle Enhancement Purpose. SomniSense is designed as a lifestyle enhancement tool to help you better understand your sleep patterns. Its features, including snoring detection and breathing abnormality detection, are intended for personal wellness and lifestyle improvement purposes.
General Wellness Information. The information and analysis provided by our app are for general wellness reference only.
Not a Substitute for Professional Care. SomniSense is not a medical device and does not diagnose, treat, cure, or prevent any disease. If you have concerns about your sleep or breathing, consult a qualified healthcare professional.
Personal Use Only. Our app is designed for personal, non-commercial use. Results may vary between individuals.
18. Limitation of Liability
To the maximum extent permitted by applicable law:
SomniSense is provided "as is" and "as available," without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or quiet enjoyment.
In no event will SomniAI LLC be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, including without limitation lost profits, lost data, lost sleep insights, or business interruption.
Our total cumulative liability arising out of or relating to these Terms or your use of SomniSense will not exceed the greater of (a) the total amount you have paid us (or paid Apple for SomniSense subscriptions on your behalf and remitted to us) in the 12 months preceding the event giving rise to the claim, or (b) USD $50.
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability; in those jurisdictions, our liability is limited to the maximum extent permitted by law.
19. Changes to Terms
We may update these Terms of Service from time to time. Material changes will be announced in the app, by email to the address on your account, or both, at least 14 days before the changes take effect (where feasible). Continued use of SomniSense after the effective date of updated Terms constitutes acceptance of the updated Terms.
20. Termination
You may terminate your account at any time by deleting it within the app (Settings → Account → Delete Account) or by emailing us. Termination of the account ends your right to use the service.
We may terminate or suspend your account immediately, without prior notice, if you breach these Terms or if your conduct creates risk or possible legal exposure for us, other users, or third parties.
Apple may also remove SomniSense from the App Store at its discretion, in which case continued use will be governed by your previously installed copy until uninstallation.
Sections of these Terms that by their nature should survive termination (including Sections 13, 15, 17, 18, 21, and this Section 20) survive termination.
21. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of SomniSense will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect. The arbitration will be conducted in English and held in Delaware, United States, or by remote means as the arbitrator may direct. The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Small-Claims Exception. Either party may bring an individual claim in small-claims court in Delaware if the claim qualifies and proceeds only on an individual basis.
Class-Action Waiver. You agree that any dispute resolution proceeding will be conducted only on an individual basis and not as a class, consolidated, or representative action. You waive any right to participate in a class-action lawsuit or class-wide arbitration.
30-Day Right to Opt Out of Arbitration. You may opt out of the arbitration agreement and class-action waiver in this Section 21 by emailing service@somnisense.top within 30 days of first accepting these Terms, with the subject line "Arbitration Opt-Out" and including your account email.
22. Severability
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be limited or eliminated only to the minimum extent necessary.
23. Contact Information
For questions about this Privacy Policy, the Terms of Service, or your subscription: