Terms and Conditions
Effective Date: April 11, 2025
Welcome to Bette Sleep! These Terms and Conditions ("Terms") govern your use of the Bette Sleep mobile application (the "App") provided by Alihan Aktay ("we," "us," or "our"). By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
1. App Description and Use Bette Sleep provides a collection of ambient sounds, including white noise, nature sounds, and other audio tracks ("Sounds"), intended to help users relax, sleep, or focus. The App offers both free and premium Sounds accessible through a subscription model.
2. License Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a compatible iOS device that you own or control, solely for your personal, non-commercial use.
3. Subscription Terms
- Premium Access: Access to certain premium Sounds and potentially other features requires an active subscription ("Subscription").
- Billing: Subscriptions are managed and billed through Apple's In-App Purchase system. Payment will be charged to your Apple ID account at confirmation of purchase.
- Renewal: Subscriptions automatically renew unless auto-renew is turned off in your Apple ID Account Settings at least 24 hours before the end of the current subscription period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the rate of your selected plan.
- Cancellation: You can manage and cancel your Subscription by going to your App Store Account Settings after purchase. If you cancel, you will retain access to premium features until the end of your current billing period. No partial refunds are provided.
- Free Trials: If a free trial period is offered, your account will be charged for the Subscription at the end of the free trial period unless you cancel at least 24 hours before the trial ends. Any unused portion of a free trial period will be forfeited when you purchase a Subscription.
- Price Changes: We reserve the right to change Subscription prices. Price changes will take effect at the start of the next subscription period following the date of the price change. We will provide you with reasonable prior notice of any price changes by posting the new prices in the App or as otherwise required by law. Your continued use of the App after the price change comes into effect constitutes your agreement to pay the modified Subscription price.
- Refunds: All purchases made through Apple's In-App Purchase system are subject to Apple's refund policies. Please contact Apple support for refund requests.
4. User Conduct You agree not to:
- Use the App for any illegal or unauthorized purpose.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App.
- Modify, adapt, translate, or create derivative works based upon the App.
- Rent, lease, lend, sell, redistribute, or sublicense the App.
- Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the App.
- Use the App in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the App.
5. Intellectual Property The App, including its visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), Sounds (subject to any third-party licenses), and all other elements of the App ("Materials") are protected by intellectual property and other laws. All Materials contained in the App are the property of Alihan Aktay or our third-party licensors. Except as expressly authorized by us, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms. You acknowledge that some Sounds may be sourced from third parties (e.g., Freesound.org) and are subject to their respective licenses (e.g., Creative Commons), which may require attribution provided elsewhere in the App (e.g., an 'About' or 'Credits' screen).
6. Disclaimers THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE APP IS AT YOUR OWN RISK. THE APP IS INTENDED FOR RELAXATION AND FOCUS PURPOSES ONLY AND IS NOT A MEDICAL DEVICE NOR A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
7. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Alihan Aktay, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP; OR (c) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM OR FIFTY U.S. DOLLARS (USD $50), WHICHEVER IS GREATER.
8. Indemnification You agree to indemnify, defend, and hold harmless Alihan Aktay and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the App or your violation of these Terms.
9. Termination We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. Upon termination, your right to use the App will immediately cease. Subscription termination is governed by Section 3.
10. Changes to Terms We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect (e.g., through an in-app notification or by updating the "Effective Date"). What constitutes a material change will be determined at our sole discretion. By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised terms.
11. Governing Law and Dispute Resolution These Terms shall be governed and construed in accordance with the laws of Turkey, without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in İstanbul, Turkey.
12. Contact Information If you have any questions about these Terms, please contact us at: alihanaktay@gmail.com.