Terms of Use

1. Parties

These Terms of Use (the "Agreement") are entered into between you (the "User", "you") and S PLUZHNIKOV & A PLUZHNIKOVA PTY LTD (ACN 655 846 978, ABN 44 655 846 978), trading as Well Well Wellness, of 139/10 Albert Avenue, Broadbeach, Queensland, Australia 4218 (the "Company", "we", "our").

This Agreement governs your use of the Dreamsy mobile application and the Dreamsy website at dreamsy.app.

2. Acceptance of Terms

By using Dreamsy or creating an account, you confirm that you:

• Have read and accept these Terms and have read and acknowledge the Privacy Policy.
• Have legal capacity to enter into this Agreement and are at least the greater of 18 years old and the age of legal majority where you live.
• Are acting as an adult user and will keep purchases, account settings, external links, privacy choices, file upload and deletion under your control.
• Will select and play any content intended for a child and supervise the child while they listen.

Dreamsy is operated by an adult for supervised child listeners. A child may listen to content selected and started by the adult, but must not independently create or control an account, purchase a subscription, contact support, follow external links, upload or record a voice, change privacy choices, or delete data. If you do not agree, do not access or use Dreamsy.

3. Description of the Service

Dreamsy is an entertainment and lifestyle service that provides:

• Gentle narrated audio stories for a family bedtime or quiet-listening routine.
• Free and subscription content, favourites, playback and offline access where supported.
• Optional notifications and account synchronisation.
• An optional My Voice feature that uses generative AI to create story audio in the adult account holder's voice.

Dreamsy does not guarantee that a listener will fall asleep, sleep for a particular duration, experience deeper sleep, reduce anxiety, obtain any medical or therapeutic result, or achieve any other practical outcome.

4. Medical Disclaimer

The Dreamsy app and all its content are intended solely for entertainment, informational, and general educational purposes. The service is not a medical device and does not provide medical advice, diagnosis, or treatment.

Nothing in the app should be treated as a substitute for professional medical care. Always consult a doctor or other qualified healthcare professional regarding any questions relating to your health, sleep, or any medical condition. Never disregard professional medical advice or delay seeking it because of information obtained through our service.

5. User Rights and Obligations

5.1 Your Rights

• Use the app in accordance with your subscription plan
• Access all content included in your chosen plan in accordance with these Terms of Use
• Cancel renewal at any time. Unless the store or applicable law provides otherwise, you will retain access until the end of the current paid billing period, after which the subscription will end and will not renew.

5.2 Your Obligations

• Use the app exclusively for personal purposes
• Provide accurate and up-to-date personal information
• Keep your login credentials and passwords secure
• Respect intellectual property and copyright
• Not interfere with the functioning of the app
• Pay for your chosen subscription plan on time
• Not allow a child to access or operate the app or any account, purchase, privacy, upload or deletion control

5.3 My Voice

My Voice is optional and uses generative AI voice technology. You may record and upload only your own adult voice. You must not upload a child's voice or another person's voice, even if you believe you have permission. You consent to the processing described in the just-in-time My Voice notice and the Privacy Policy. Because the feature uses AI, results may vary. Dreamsy does not guarantee that generated audio will be identical to, closely resemble or achieve any particular degree of similarity to your original voice. Speaking style, accent, pronunciation, tone, pitch, pacing and other vocal characteristics may differ, and generated audio may contain artefacts, errors or unexpected output.

As between you and the Company, you retain your rights in your original recording and the characteristics of your voice. Subject to third-party rights in Dreamsy's stories, music and other materials, you may use generated My Voice audio only for personal, non-commercial listening through Dreamsy. You grant the Company and its contracted voice processor a limited, non-exclusive licence to host, copy, analyse and transform your recording and derived model only to create, deliver, secure and support My Voice. This licence ends when the relevant data is deleted, except for the minimum evidence we must retain to document consent, withdrawal, deletion or a legal claim.

Dreamsy and its processor do not use your recording, voice model, voice characteristics or generated audio to train general-purpose or shared AI models, for advertising, or for an independent purpose. My Voice output is synthetic audio. Dreamsy may display a notice or embed metadata stating that the story uses AI-generated speech created from an adult user's voice recording.

6. Prohibited Activities

When using our services, the following are strictly prohibited:

• Commercial use of content without written permission
• Copying, reproducing, or distributing audio materials
• Sharing account credentials with third parties
• Creating multiple accounts to circumvent restrictions
• Impersonating another person or providing false information
• Uploading, cloning or generating audio from a child's or third party's voice
• Using generated voice audio to deceive, impersonate, defraud, harass or violate another person's rights
• Attempting to hack, reverse-engineer, or disrupt the service, except for conduct expressly authorised by us or permitted by mandatory law
• Using automated tools to access the service without our permission, except ordinary device or browser functions, accessibility technology and authorised integrations

7. Intellectual Property

All materials, including but not limited to:

• Audio recordings of stories and meditations
• Musical compositions and sound effects
• Texts and scripts
• App design and user interface
• Logos, trademarks, and branding

are the exclusive property of the Company or are used under licence. You are granted a limited, non-exclusive, non-transferable licence to use free content while it is made available to you and paid content while you have the applicable active entitlement, in each case for personal, non-commercial listening through Dreamsy.

8. Payments and Subscription

8.1 Subscription plans

• Available plans, billing periods, trial terms, total price and currency are displayed by the App Store or Google Play before purchase.
• Payment is charged to the store account you use for the purchase.
• Store terms and local consumer law also apply to the transaction.

8.2 Automatic Renewal

• A subscription renews automatically for the period and at the price disclosed by the store unless you cancel before the store's renewal deadline.
• The store account is charged according to the terms shown at purchase and renewal.
• Price changes are handled under store rules and applicable notice requirements.

8.3 Cancellation

Cancel through the App Store or Google Play account used to subscribe. Deleting Dreamsy or deleting your Dreamsy account does not cancel the store subscription. Unless the store or applicable law provides otherwise, access continues to the end of the paid period.

8.4 Refunds and consumer rights

Refund requests for App Store or Google Play purchases are generally handled by the store under its procedures. Nothing in these Terms excludes, restricts or modifies a consumer guarantee, refund right or other remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law. Where the Company is responsible for providing a remedy, contact hello@dreamsy.app.

9. Privacy and Data Protection

Our Privacy Policy describes the information Dreamsy collects, its processors, international transfers, retention, rights and known deletion limitations. It forms part of the information provided when you choose to use Dreamsy or My Voice.

10. Account Management

10.1 Account Creation

• The account holder must be an adult with legal capacity.
• Registration is required for full access to the service.
• Information provided must be accurate and complete.
• An adult may play content for a child to listen to under supervision but must not allow the child to access or operate the app or account.

10.2 Account Security

• You must take reasonable steps to keep your login credentials and device secure
• Any unauthorised access must be reported to our support team immediately
• You are responsible for activity you authorise. Responsibility for unauthorised activity depends on the circumstances, including whether you or the Company failed to take reasonable security steps and any rights that cannot lawfully be excluded.

11. Limitation of Liability

The Company provides the service "as is" and does not guarantee:

• Uninterrupted operation of the service free of technical errors
• Complete absence of software bugs
• Compatibility with all devices and operating systems
• Achievement of any specific outcome from use of the app, including the outcomes noted in the Medical Disclaimer

To the maximum extent permitted by law, the Company is not liable for indirect or consequential loss that was not reasonably foreseeable when you accepted these Terms. Where liability may lawfully be limited, our aggregate liability arising from the service is limited to the greater of the amount you paid for Dreamsy in the 12 months before the event giving rise to the claim and AUD 100.

These limitations do not exclude or limit non-excludable consumer guarantees or statutory remedies, death or personal injury caused by negligence where it cannot be limited, fraud, wilful misconduct, breach of confidentiality or privacy obligations, or any other liability that applicable law does not permit us to exclude or limit.

12. Termination

12.1 Termination by You

You may stop using the service and request account deletion at any time. Deleting the app or account does not cancel a store subscription. See the account-deletion instructions and cancellation procedure.

12.2 Termination by the Company

The Company may suspend or terminate your account:

• If you breach any term of this Agreement
• If you provide false or misleading information
• If you attempt to harm the service or other users
• For technical or commercial reasons, with reasonable prior notice where practicable and a pro-rata refund or other remedy where required by the applicable store rules or consumer law

Except where immediate action is reasonably necessary for security, unlawful conduct or serious harm, we will give notice of the reason and a reasonable opportunity to correct a remediable breach. Termination does not remove rights or remedies that accrued before termination.

13. Dispute Resolution

Any disputes arising in connection with this Agreement shall be resolved:

• Through negotiation between the parties in the first instance
• Under the laws of Queensland, Australia
• In the English language, unless the parties agree otherwise

The parties submit to the courts of Queensland, Australia, but this does not prevent you from bringing a claim in another court or using a regulator, tribunal or dispute process where applicable law gives you that right.

14. Amendments

The Company reserves the right to amend these Terms of Use. Users may be notified of material changes by one or more of the following methods:

• By email
• Via in-app notifications
• By publishing the updated version on the website

Changes apply prospectively from the stated effective date. We will provide reasonable advance notice of a material change where practicable. A change will not reduce a paid entitlement already purchased or retrospectively alter a dispute without your express agreement unless required by law. If you do not accept a material change, you may stop using Dreamsy and cancel renewal. Continued use after the effective date may indicate acceptance only to the extent permitted by applicable law.

15. General

• If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions remain in full force and effect
• The Company may assign this Agreement only as part of a corporate reorganisation, merger, sale of the business, or transfer to an affiliate or successor that assumes the relevant obligations. We will provide notice where the transfer materially affects you.
• You may not assign your rights under this Agreement without the Company's consent
• This Agreement constitutes the entire agreement between the parties with respect to its subject matter
• A failure or delay in enforcing a provision is not a waiver of that provision or any other right
• Neither party is liable for delay or failure caused by events beyond its reasonable control, except that this does not limit payment obligations already due, mandatory consumer rights, privacy or data-security obligations, or duties that cannot lawfully be excluded

16. Geographic Restrictions and Sanctions

The service is controlled and operated from Australia. The Company makes no representation that every feature is appropriate or available for use in all jurisdictions.

My Voice is not available to an adult who lives in or is currently located in restricted regions, including but not limited to Quebec, Canada, or Illinois, Texas or Washington in the United States. Dreamsy uses an adult region declaration together with limited device and server signals to enforce this feature restriction without requesting precise location. Providing false region information or attempting to evade the control may result in suspension of My Voice. The remaining Dreamsy story service may remain available in those regions, subject to applicable law.

You must not use Dreamsy where doing so would cause you or the Company to breach applicable Australian sanctions, export-control laws, a binding United Nations Security Council measure implemented in Australia, or another law that applies to the transaction. This restriction applies to prohibited persons, entities and transactions and is not based solely on nationality or residence.

17. Prohibition on Circumventing Geographic Restrictions

You agree not to use technical means to disguise your actual location or to circumvent geographic restrictions imposed by the Company.

If the Company determines or reasonably suspects that you have misrepresented your location or are accessing the service from a prohibited jurisdiction, the Company reserves the right to suspend or terminate your account and take any other action required to comply with applicable law. Such action does not give rise to any liability on the part of the Company beyond that required by applicable law.

18. Contact Information

For any questions regarding this Agreement, please contact us: