Terms of Use
These terms are an agreement between you and Ocean Path Ventures ("we", "us") about the HertzShift app. By downloading or using HertzShift you accept them. They are meant to be read, so they are short and in plain language. Where they are silent, Apple's Licensed Application End User License Agreement applies as the minimum terms, and if the two ever conflict about something Apple requires, Apple's terms win on that point.
1. Your license
We grant you a personal, non-transferable, non-exclusive license to install and use HertzShift on Apple devices that you own or control, as allowed by the App Store's usage rules. The app, its soundscapes, artwork, sound engine, names, and design are ours or our licensors', and this license does not transfer any of it to you. You may not copy, sell, rent, sublicense, reverse engineer, or extract the sound engine or its content, or use the app to build a competing product. Recording the app's output for your own private listening is fine; redistributing it is not.
2. Free features and Premium
A set of soundscapes plays free with no time limit. HertzShift Premium unlocks the full library, every breathing pattern and program, and the full set of controls. Premium is sold as an auto-renewing subscription through the App Store, in monthly and annual plans. Prices are shown in the app before you buy, in your local currency, and can change; a price change never applies to a period you have already paid for, and Apple will notify you before a higher price takes effect.
How the subscription works
- Billing. Payment is charged to your Apple ID at confirmation of purchase. We never see your payment details.
- Renewal. Your subscription renews automatically at the end of each period unless you cancel at least 24 hours before the period ends. Your Apple ID is charged for the next period within 24 hours before the current one ends.
- Free trial. Where offered, a free trial (currently 7 days on the annual plan) gives full Premium access. When the trial ends it converts to a paid subscription at the price shown, unless you cancel at least 24 hours before it ends. Any unused part of a free trial is forfeited when you buy a subscription. Trials are available once per Apple ID; Apple decides eligibility.
- Cancelling. You can cancel any time in your iPhone's Settings, under your name, Subscriptions, or at apps.apple.com/account/subscriptions. Deleting the app does not cancel a subscription. After cancelling, Premium stays active until the end of the period you have paid for, and you are not charged again.
- Refunds. Purchases are handled by Apple, so refunds are too. Request one at reportaproblem.apple.com. We are unable to issue refunds ourselves, and Apple's decision is final.
- Restoring. If you reinstall or change phones, use Restore Purchases in the app's Settings to reactivate Premium on the same Apple ID.
3. Acceptable use
Use HertzShift for what it is: listening. Do not use it in a way that breaks the law, interferes with the App Store or our services, or attempts to defeat the Premium entitlement. Do not use the app's output, names, or artwork to represent that we endorse a product, service, or health claim. You are responsible for keeping your device and Apple ID secure.
4. Safety and health
Not a medical device. HertzShift is for relaxation, focus, and sleep support. It does not diagnose, treat, cure, or prevent any condition, and nothing in it is medical advice. Soundscape names, goals, and frequency descriptions describe intended mood, not a clinical effect. If you have a health concern, see a qualified clinician, and never delay or stop treatment because of anything in this app.
Do not use while driving or operating machinery. Many soundscapes are designed to make you drowsy or deeply relaxed. Do not listen while driving, cycling, operating machinery, or doing anything else that needs your full attention.
Binaural beats and rhythmic stimulation. Binaural beats need headphones and present a slightly different tone to each ear. Some people find rhythmic auditory stimulation uncomfortable, and if you have epilepsy, a seizure disorder, or are sensitive to flashing or pulsing stimuli, talk to your doctor before using binaural, isochronic, or pulsed soundscapes, and stop if you feel unwell. The app's breathing pacer and visualizers use gentle motion; if you are photosensitive, keep the screen off and listen only.
Volume. Listen at a comfortable level. Sustained loud listening can damage hearing. Use the app's sleep timer or a fixed volume for overnight use.
Pregnancy, children, hearing devices. If you are pregnant, using a pacemaker or hearing implant, or considering the app for a child, check with a clinician first. The app is not directed at children under 13.
5. Privacy
How the app handles data is described in our Privacy Policy, which is part of these terms.
6. Changes to the app
We may add, change, or remove soundscapes and features, and may release updates that require a newer version of iOS. We may also stop offering the app entirely; if that happens while you have a paid subscription, we will make it available to the end of your paid period or Apple will refund the unused portion. We are not required to keep any specific soundscape available.
7. No warranties
HertzShift is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not promise that the app will help you sleep, focus, relax, or reach any particular state, that it will be uninterrupted or error-free, or that it is suitable for your health situation. Some places do not allow disclaiming implied warranties, so parts of this may not apply to you.
8. Limitation of liability
To the fullest extent the law allows, Ocean Path Ventures and its owners, contractors, and licensors are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost data, lost profits, or personal injury, arising from your use of or inability to use the app, even if we were told such damages were possible. Our total liability to you for all claims relating to the app is limited to the amount you paid us through the App Store in the 12 months before the claim, or 50 US dollars, whichever is greater. Nothing here limits liability that cannot be limited by law, including for death or personal injury caused by our negligence where that exclusion is not permitted.
9. Apple's role
These terms are between you and us, not Apple. Apple has no obligation to provide maintenance or support for the app, is not responsible for any product warranty or for addressing claims about the app (including product liability, legal or regulatory compliance, or intellectual property claims), and is a third-party beneficiary of these terms with the right to enforce them against you. If the app fails to conform to any warranty, you may notify Apple and Apple will refund the purchase price; beyond that refund, Apple has no other warranty obligation. You confirm that you are not in a country subject to a US government embargo or designated as a terrorist-supporting country, and are not on any US government list of prohibited or restricted parties.
10. Governing law
These terms are governed by the laws of the United States and the State of [GOVERNING STATE TO BE CONFIRMED], without regard to conflict-of-law rules. If you are a consumer in a country whose law gives you mandatory protections, you keep them. Disputes will be brought in the courts of that state, though we would much rather you email us first, and most problems can be sorted out that way.
11. Changes to these terms
If we change these terms in a way that matters, we will update the effective date above and note the change in the app's release notes before it takes effect. Continuing to use the app after that date means you accept the new terms. If you do not, stop using the app and cancel any subscription.
12. General
If any part of these terms is found unenforceable, the rest still applies. Our not enforcing a term is not a waiver of it. You may not assign these terms; we may assign them to a successor of the business. These terms, the Privacy Policy, and Apple's EULA are the whole agreement about HertzShift.
Contact
Ocean Path Ventures
support@oceanpathventures.com
hertzshift.com/support