Terms and Conditions
Last Updated: January 23, 2026
Welcome to Atmosphere! These Terms and Conditions ("Terms") govern your use of the Atmosphere: Calm Sound Machine mobile application ("App"), owned and operated by an individual entity based in Peru ("we," "us," or "our"). By accessing or using the App, you agree to be bound by these Terms. If you do not agree, you must discontinue use of the App immediately.
1. Acceptance of Terms
By downloading, installing, or using the App, you acknowledge that you have read, understood, and agreed to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you must not use the App.
2. Eligibility
The App is rated 4+ on the Apple App Store and is available for use by individuals aged 4 years and older. However, if you are under the age of majority in your jurisdiction, you must have the consent of a parent or legal guardian to use the App. By using the App, you confirm that you meet these requirements.
3. Account Registration
- Users cannot create accounts within the App.
- Certain features may be available without an account, but your access to certain functionalities may be limited.
4. Content and Mixes
4.1. Custom Mixes
- The App allows users to create custom sound mixes ("User Configuration").
- Your User Configurations are stored locally on your device and are private to you.
4.2. Prohibited Use
Users are prohibited from using the App for:
- Violating any applicable law or regulation;
- Infringing on the intellectual property or privacy rights of third parties;
- Extracting or redistributing the sound assets provided in the App.
5. Subscription Plans and Payment Terms
5.1. Subscription Services
- The App offers subscription-based services with additional features and premium sounds.
- Subscription terms, including pricing and renewal periods, will be clearly stated at the point of purchase.
5.2. Payment and Renewals
- Payments for subscriptions are processed through the Apple App Store and are subject to their terms and conditions.
- Subscriptions automatically renew unless canceled at least 24 hours before the renewal date.
- You can manage or cancel your subscription through your Apple ID settings.
6. Intellectual Property Rights
- All content available within the App, including but not limited to sounds, audio tracks, trademarks, logos, visual designs, text, and graphics, is the exclusive property of Atmosphere and its licensors.
- You may not copy, distribute, or exploit any portion of the App's content without our express written consent.
7. Health Disclaimer
- The App is designed to promote relaxation and sleep but is not a substitute for professional medical advice, diagnosis, or treatment.
- Always seek the advice of a qualified health provider with any questions you may have regarding a medical condition or sleep disorder.
8. Disclaimer of Warranties
- The App is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied.
- We do not guarantee that the App will be uninterrupted, error-free, or free of harmful components.
- To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. Limitation of Liability
- To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App.
- Our liability to you for any cause whatsoever shall be limited to the amount paid by you for the App's services in the past 12 months.
10. Termination
- We reserve the right to terminate or suspend your access to the App at any time, without prior notice, for any reason, including but not limited to violations of these Terms.
- Upon termination, any rights granted to you under these Terms shall immediately cease.
11. Governing Law and Dispute Resolution
- These Terms shall be governed by and construed in accordance with the laws of Peru, without regard to its conflict of law provisions.
- Any dispute arising out of or relating to these Terms shall be resolved through arbitration in Peru, with the prevailing party entitled to recover reasonable legal fees.
12. Changes to Terms
- We reserve the right to modify these Terms at any time.
- Your continued use of the App after changes are posted constitutes acceptance of the revised Terms.
13. Contact Information
For any questions regarding these Terms & Conditions, you may contact us at:
- Email: diego@prysset.com
- Website: https://prysset.com