Terms of Service

1. Interpretation and Definitions

1.1 Interpretation

Capitalised terms have the meanings assigned to them in this Section or otherwise defined in these Terms. The same definitions apply regardless of whether terms appear in singular or plural.

1.2 Definitions

• Application means the mobile application titled “Yawn,” including all related features, content, and updates.
• Company, We, Us, or Our refers to Yawn, operated as an Australian sole trader business (ABN 66 249 914 730), based in Melbourne, Victoria, Australia.
• Device means any device capable of accessing the Service, including iPhone, iPad, or other supported hardware.
• Service has the meaning given in the introduction to these Terms.
• Sleep Age means the wellness estimate calculated from your inputs during onboarding and ongoing use of the Service. Sleep Age is a wellness indicator, not a medical or clinical assessment.
• Subscription means the recurring paid plan that grants access to the full Service, purchased through the Apple App Store or other authorised platform.
• User Content means any text, voice recordings, feedback, ratings, or other content you submit through the Service.
• Website means joinyawn.com and any associated subdomains.
• You means the individual using the Service.

2. The Service

Yawn is a mobile application that provides bedtime stories, sleep insights, and related content designed to help adults fall asleep more easily.

The Service includes:

• AI-generated and human-narrated bedtime stories
• The Sleep Age assessment and tracking
• Sleep-related insights and recommendations
• Other features we may add or change over time

The Service is provided “as is” and we may modify, add, or remove features at any time.

3. Eligibility

You must be at least 16 years old to use Yawn. By using the Service, you represent and warrant that you are at least 16. If you’re under the age of majority in your country (usually 18), you confirm that you have permission from a parent or guardian.

If you are between 16 and 17, you may only use the Service with the consent and supervision of a parent or legal guardian, who agrees to be responsible for activities conducted using the Service.

If you’re using Yawn on behalf of a business, you confirm that you have the authority to bind that business to these Terms.

4. Your account

Yawn does not require you to create a traditional account with a username and password. We use anonymous identifiers tied to your Device and Apple subscription.

You’re responsible for:

• Maintaining the security of the Device you use to access Yawn
• All activity that occurs through your Device while using the Service
• Notifying us if you believe your Subscription has been used without your authorisation

If you switch devices or lose access to your original Apple ID, we may not be able to recover your in-app history. Your Subscription itself will transfer through Apple’s standard subscription management.

5. Subscriptions, billing, and free trials

5.1 Subscription plans

Yawn is offered through Subscription plans available through the Apple App Store. Pricing and plan details are displayed within the Application before you subscribe.

Plans currently include:

• Weekly subscriptions
• Annual subscriptions
• Promotional offers for new users and returning users

5.2 Free trials

Some Subscriptions include a free trial period (typically 3 days). At the end of the trial period, your Subscription will automatically convert to a paid Subscription and your Apple ID will be charged the applicable Subscription fee. You must cancel before the trial ends to avoid being charged.

5.3 Auto-renewal

Your Subscription will automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period.

Your Apple ID will be charged for renewal within 24 hours before the end of the current period at the price displayed at the time of Subscription, unless we notify you of a price change in advance.

5.4 Managing and cancelling your Subscription

You can manage and cancel your Subscription through your Apple ID account settings. We cannot cancel your Subscription on your behalf.

To cancel:

1. Open the Settings app on your Device
2. Tap your Apple ID at the top
3. Tap Subscriptions
4. Tap Yawn
5. Tap Cancel Subscription

Your Subscription will remain active until the end of the current billing period.

5.5 Refunds

All Subscription payments are processed by Apple. Refund requests must be made directly to Apple through reportaproblem.apple.com. We don’t have the ability to issue refunds directly.

Apple’s refund policies apply. Refunds are typically granted in limited circumstances at Apple’s discretion.

5.6 Retention offers

If you attempt to cancel your Subscription, we may offer you a discounted rate to continue. This is your choice. You can accept the offer or proceed with cancellation. Accepting a retention offer subscribes you at the discounted rate for the offer period.

5.7 Pricing changes

We may change Subscription pricing for new Subscriptions at any time. Existing subscribers will receive notice of any price changes affecting their renewal at least 30 days before the change takes effect.

6. Acceptable use

When using Yawn, you agree not to:

• Use the Service for any illegal purpose
• Attempt to reverse-engineer, decompile, or otherwise extract source code from the Application
• Circumvent or attempt to circumvent any Subscription, authentication, or security mechanism
• Use automated tools (bots, scrapers) to access the Service
• Share, redistribute, or commercially exploit Yawn’s content (stories, audio, scripts, illustrations) without our written permission
• Upload User Content that is unlawful, harmful, offensive, or infringes the rights of others
• Use the Service to harm others, including yourself
• Interfere with the Service or its infrastructure

Violating these rules may result in termination of your access to the Service. We may retain your Subscription payment if your access is terminated for cause.

7. User Content and license grant

If you provide User Content to us (voice recordings, support messages, feedback, ratings), you represent that you own or have the rights to that content.

You grant us a worldwide, royalty-free, non-exclusive licence to use, reproduce, store, and process your User Content solely to operate and improve the Service. This licence is limited to what we need to provide the Service to you.

We will not:

• Publicly attribute your User Content to you without your express permission
• Use voice recordings to train AI voice models or generate synthetic speech
• Sell or licence your User Content to third parties

We do not claim ownership of your User Content.

8. Intellectual property

8.1 Our content

All content in Yawn — including stories, audio files, illustrations, the Sleep Age methodology, user interface design, code, and the Yawn name and branding — is owned by us or licensed to us. It’s protected by copyright, trademark, and other intellectual property laws.

“Yawn” is the subject of trade mark application no. 2652937 lodged with IP Australia. Use of the Yawn name or any confusingly similar mark in connection with sleep, wellness, or audio content services is reserved.

Your Subscription gives you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the content for your own personal listening. Nothing more.

You may not:

• Record, copy, or redistribute Yawn audio
• Use Yawn content in your own podcasts, videos, or other media
• Use the Yawn name or branding in your own marketing
• Train AI models on Yawn content

8.2 Feedback

If you send us suggestions, feedback, or ideas about how to improve Yawn, we can use them without compensation to you and without any obligation to credit you. Sending us feedback doesn’t create any confidentiality obligation on our part.

9. Yawn is not a medical service

This is important. Read it carefully.

Yawn is a wellness and entertainment service. It is not a medical service, a medical device, or a substitute for medical care.

The Service:

• Is not designed to diagnose, treat, cure, or prevent any disease or condition
• Is not a substitute for professional medical advice, diagnosis, or treatment
• Does not provide therapy, counselling, or psychological treatment
• Should not be relied upon for any health-related decision

The Sleep Age metric is an estimate based on your inputs to our quiz. It is not a clinical assessment. It should not be used to make health decisions.

If you have a sleep disorder, mental health condition, or any other health concern, consult a qualified healthcare professional. Yawn is not a replacement for that consultation.

If you’re experiencing a mental health crisis, please contact a crisis service in your country:

• Australia: Lifeline 13 11 14
• United States: 988 Suicide and Crisis Lifeline
• United Kingdom: Samaritans 116 123
• International: findahelpline.com

10. Copyright complaints

If you believe content within the Service infringes your copyright, send a written notice to hello@joinyawn.com with:

• A description of the copyrighted work you claim has been infringed
• The specific location within the Service where the allegedly infringing material appears
• Your contact information (full name, address, telephone number, email)
• A statement that you have a good-faith belief that the use is not authorised by the copyright owner
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf
• Your physical or electronic signature

We will respond to valid notices in accordance with applicable law. We reserve the right to remove content that we determine, in our sole discretion, infringes the rights of others.

11. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranty arising from course of dealing or usage of trade.

We do not warrant that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• Any errors in the Service will be corrected

You use the Service at your own risk.

12. Limitation of liability

To the maximum extent permitted by applicable law, in no event will Yawn, its affiliates, or its service providers be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, arising out of or in connection with your use of the Service.

Our total liability for any claim arising out of or relating to these Terms or the Service is limited to the greater of:

• The amount you paid us in the 12 months before the claim arose, or
• AUD 100

These limitations apply whether the claim is based on warranty, contract, tort, or any other legal theory.

Australian consumer rights: If you are an Australian consumer, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and obtain a refund for the unused portion, or compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time. The limitations above do not apply to the extent they would conflict with these statutory rights.

13. Indemnification

You agree to indemnify and hold harmless Yawn and the business operating the Service from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your User Content
• Your violation of any third-party rights, including intellectual property rights or privacy rights

This obligation survives termination of your use of the Service.

14. Termination

14.1 By you

You can stop using Yawn at any time by deleting the Application and cancelling your Subscription through Apple.

14.2 By us

We may suspend or terminate your access to the Service if:

• You violate these Terms
• We discontinue the Service
• We’re required to by law

If we terminate your access for violation of these Terms, you will not be entitled to a refund of any prepaid Subscription fees.

14.3 Effect of termination

When your access ends:

• Your right to use the Service immediately ceases
• Your Subscription may be cancelled
• Your data may be deleted according to our Privacy Policy
• Sections of these Terms that by their nature should survive termination will survive (including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution)

15. Third-party services

The Service may include links to or integrations with third-party content or services. We do not control and are not responsible for the content, privacy practices, or terms of these third parties. We encourage you to review the terms and privacy policies of any third-party services you access through Yawn.

16. Changes to the Service and these Terms

We may modify the Service or these Terms at any time. If we make material changes to these Terms, we will notify you through an in-app notice or by updating the “Last updated” date at the top.

Continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you don’t agree to the changes, stop using the Service.

17. Apple-specific terms

These Terms are between you and us, not between you and Apple. Apple is not responsible for the Service or its content.

Apple has no obligation to provide maintenance and support for the Service.

Apple is not responsible for addressing any claims you have related to the Service, including product liability claims, claims that the Service fails to conform to any applicable law, and claims arising under consumer protection or similar legislation.

In the event of any third-party claim that the Service or your use of it infringes that third party’s intellectual property rights, we (not Apple) will be responsible for the investigation, defence, settlement, and discharge of that claim.

You acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms, and that they have the right to enforce these Terms against you.

You represent that:

• You are not located in a country that is subject to a U.S. government embargo or has been designated by the U.S. government as a “terrorist supporting” country
• You are not listed on any U.S. government list of prohibited or restricted parties

18. Dispute resolution

18.1 Governing law

These Terms are governed by the laws of Victoria, Australia, without regard to conflict-of-law principles.

18.2 Informal resolution first

Before filing any formal claim, you agree to contact us at hello@joinyawn.com and attempt to resolve the dispute informally. We commit to attempting resolution in good faith within 30 days of being contacted.

18.3 Jurisdiction

If informal resolution fails, any dispute arising out of or in connection with these Terms or the Service will be resolved in the courts of Victoria, Australia, except where applicable law (including consumer protection law in your country) requires otherwise.

18.4 Class action waiver

To the extent permitted by law, you agree to resolve disputes with us on an individual basis. You waive any right to participate in a class action, class arbitration, or representative action.

19. General

19.1 Entire agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

19.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force.

19.3 No waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision.

19.4 Assignment

You can’t assign these Terms or your rights under them without our written consent. We can assign these Terms in connection with a merger, acquisition, or sale of assets.

19.5 No agency

These Terms do not create any agency, partnership, joint venture, or employment relationship between you and us.

20. Contact us

For questions about these Terms or any other matter:

Email: hello@joinyawn.com