Terms of Use

1. The agreement

These Terms of Use ("Terms") are an agreement between you and ELAQ Limited ("Hushmoon", "we", "us") covering the Hushmoon app for iPhone and iPad (the "app") and the website hushmoon.app. By downloading or using the app, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use Hushmoon.

2. Who can use Hushmoon

Hushmoon is made for parents and guardians. You must be an adult (at least 18, or the age of majority where you live) to set up and use the app and to make purchases. You may play Hushmoon's stories, lullabies and sounds for children in your care, and you are responsible for how the app is used around them.

3. The service

Hushmoon provides personalized bedtime stories, music-box lullabies, sleep sounds and a bedtime routine with a sleep timer. Some features require an internet connection; others work offline. We may improve, change or discontinue features over time. If we discontinue the app, we will try to give reasonable notice.

The free plan includes 3 lullabies, 2 sleep sounds, one new personalized AI story per night for the first 7 days after your first one, then 1 new personalized AI story per rolling 7 days, plus unlimited built-in stories. Saved stories stay playable on every plan. Premium unlocks every lullaby and sound and more personalized stories. To keep the service fair and available, story generation is subject to reasonable rate limits.

4. Subscriptions, free trials and billing

Hushmoon offers the following optional purchases through the Apple App Store:

Prices may vary by country and may include or exclude local taxes. The price shown in the app at the time of purchase is the price you pay.

Auto-renewal terms

• Payment is charged to your Apple ID account at confirmation of purchase, or, for the Premium Yearly free trial, when the trial ends.
• Subscriptions renew automatically unless auto-renew is turned off at least 24 hours before the end of the current period.
• Your account will be charged for renewal within 24 hours before the end of the current period, at the price of the plan you are subscribed to.
• The 7-day free trial on Premium Yearly converts to a paid yearly subscription at $49.99 unless you cancel at least 24 hours before the trial ends. Free trials are available once per Apple ID, subject to Apple's eligibility rules.
• Any unused portion of a free trial is forfeited when you purchase a subscription, where applicable.
• You can manage your subscription and turn off auto-renewal at any time in your Apple ID account settings after purchase (on iPhone: Settings → your name → Subscriptions). Deleting the app does not cancel a subscription.
• If we ever change a subscription's price, Apple will notify you in advance and, where required, ask for your consent before the new price applies.

Refunds and restoring purchases

Purchases are processed by Apple, and refunds are handled by Apple under its policies. You can request one at reportaproblem.apple.com. If you reinstall the app or get a new device, tap "Restore purchases" in the app's Settings (or on the upgrade screen) to restore an active subscription or lifetime purchase made with the same Apple ID.

The Lifetime purchase gives you Premium access for as long as we offer the app on the App Store. It is tied to your Apple ID.

5. AI-written stories

If you allow AI stories (the app asks before the first one, and you can change this in Settings), personalized stories are written by an artificial intelligence model (Anthropic's Claude) from the details you provide. If you don't, the app uses built-in stories instead. We instruct it to write gentle, calming, age-appropriate stories with nothing scary or violent, and we check every story with a safety filter before it plays. AI can still make mistakes or produce something that isn't quite right for your family, so please listen along, and use your own judgment about what to play. If a story ever seems inappropriate, tap "Report this story" in the player or tell us at support@hushmoon.app.

Please only enter details you are comfortable including in a story, and don't enter sensitive information such as full names, addresses, or health details in the "one thing from today" note.

Stories generated for you are yours to enjoy for personal, non-commercial use.

6. Safe, sound sleep

Hushmoon is a bedtime and relaxation aid. It is not a medical device and does not diagnose, treat or prevent any condition, including sleep disorders. Keep volume low, place the device at a safe distance from your child (never inside a crib or bed), and follow your pediatrician's safe-sleep guidance. Talk to a healthcare professional about any concerns with your child's sleep.

7. Acceptable use

You agree not to misuse Hushmoon, including by: trying to get around the paywall, rate limits or safety filters; reverse-engineering or interfering with the app or our servers, except where the law allows; using the story service to generate content unrelated to bedtime stories or that is unlawful, harmful or hateful; or using automated means to access the service.

8. Ownership

The app, its design, the Nimbo character, the Hushmoon name and logo, and our sounds and recordings belong to us or our licensors and are protected by intellectual-property laws. The lullaby melodies are traditional, public-domain works; our arrangements and recordings of them are ours. We grant you a personal, non-exclusive, non-transferable, revocable license to use the app on Apple devices you own or control, as permitted by Apple's Usage Rules.

9. Privacy

Your child's profile stays on your device, and story requests are not stored by us. Our Privacy Policy explains exactly how information is handled.

10. Disclaimers

To the fullest extent permitted by law, Hushmoon is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We don't promise that the app will be uninterrupted or error-free, or that any story, song or sound will help any particular child fall asleep.

Some jurisdictions don't allow certain warranty exclusions, so some of the above may not apply to you. Nothing in these Terms limits rights you have under consumer-protection law that cannot be waived.

11. Limitation of liability

To the fullest extent permitted by law, Hushmoon will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of data, arising out of or related to your use of the app. Our total liability for any claim relating to the app is limited to the amount you paid for Hushmoon in the 12 months before the claim, or US $50, whichever is greater.

12. Apple-specific terms

These Terms are between you and Hushmoon only, not Apple Inc. ("Apple"). In addition:

• Hushmoon, not Apple, is solely responsible for the app and its content.
• Apple has no obligation to provide any maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
• Hushmoon, not Apple, is responsible for addressing any claims relating to the app or your use of it, including product-liability claims, claims that the app fails to meet legal or regulatory requirements, and consumer-protection, privacy or similar claims.
• If a third party claims that the app infringes their intellectual-property rights, Hushmoon, not Apple, is responsible for the investigation, defense, settlement and discharge of that claim.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce them against you.

Your use of the app is also subject to Apple's Licensed Application End User License Agreement. If these Terms conflict with it, these Terms apply to the extent permitted.

13. General

These Terms are governed by the laws of Ireland, without regard to conflict-of-laws rules, except where your local consumer law requires otherwise. If any part of these Terms is found unenforceable, the rest stays in effect. We may update these Terms from time to time; if a change is material, we will let you know in the app or on this page before it takes effect. Continuing to use Hushmoon after the change means you accept the updated Terms.

14. Contact

Questions about these Terms: support@hushmoon.app.
ELAQ Limited, Unit 2, 2 Bridge Street, Athlone N37 F1W4, Ireland.