Terms of Use

About these terms

These terms are an agreement between you and S.E. Smarters Engineered LTD, a company registered in Cyprus (HE465488), Efesou 9, 5290 Paralimni, Famagusta, Cyprus (“we”, “us”). They apply to the Mindtone app for iPhone, the services it connects to and this website. By using Mindtone, you agree to them. If you don’t agree, please don’t use Mindtone.

Our Privacy Policy explains how we handle your data and is part of these terms.

What Mindtone is

Mindtone is a bedtime ritual for iPhone. Every night in bed, it plays the Sleep Signal, a short sequence of soft bells, and a mix of calm music through your Spotify Premium or Apple Music. It can remind you at bedtime, lower the volume over time with Smart Fade, wake you with an alarm and keep a Journal of your nights and your own answers.

We work to keep Mindtone running well, but features can change, and it may sometimes be unavailable. Music depends on Spotify or Apple Music and on your internet connection. Without a connection, only the Sleep Signal can play.

Who can use Mindtone

You must be at least 13 years old to use Mindtone. If you are under 18, or under the age of majority where you live, you need permission from a parent or guardian. Mindtone runs on iPhone with iOS 26.4 or later.

Your account

Mindtone creates an account for you automatically the first time you open it. It isn’t protected by a password, so keep your iPhone secure. If you connect Spotify, you can recover your account on a new iPhone by connecting the same Spotify account.

You can delete your account at any time in the app, under Profile and settings › Account › Delete Account. Our Privacy Policy explains what happens to your data.

Spotify and Apple Music

Mindtone doesn’t include music of its own. Its nightly mix plays through a music service you already use:

• Spotify needs a Spotify Premium account and the Spotify app on your iPhone. When you connect it, you allow Mindtone to create and manage one private playlist in your account, called “Mindtone · Tonight”, and to control playback during your sessions.
• Apple Music needs an active Apple Music subscription.

Your use of those services is governed by their own terms, such as the Spotify Terms of Use and Apple’s Media Services Terms. They are provided by Spotify and Apple, not by us, and we aren’t responsible for their availability, prices or content. Mindtone isn’t affiliated with, sponsored by or endorsed by Spotify or Apple.

Spotify

Regarding the Spotify platform, service and content that Mindtone uses:

• Spotify makes no warranties or representations about them and disclaims all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.
• You may not modify them or create derivative works based on them.
• You may not decompile, reverse engineer, disassemble or otherwise reduce them to source code or any other human-readable form, to the full extent allowed by law.
• We, not Spotify, are responsible for Mindtone. Spotify has no liability to you for Mindtone.
• Spotify is a third-party beneficiary of these terms and may enforce them directly.

Mindtone Plus

Mindtone Plus is an optional subscription. What it includes is shown in the app before you buy it. Plus doesn’t include music: music always comes from Spotify Premium or Apple Music.

• Payment is charged to your Apple Account when you confirm the purchase. Prices are shown in the App Store before you buy, in your local currency.
• Your subscription renews automatically at the end of each period unless you cancel it at least 24 hours before the period ends. Your Apple Account is charged for the renewal within the 24 hours before the period ends.
• If a free trial is offered, its length is shown before you start it. Unless you cancel before it ends, it turns into a paid subscription. Any unused part of a free trial ends when you buy a subscription.
• You can manage or cancel your subscription in your iPhone’s Settings › [your name] › Subscriptions. Deleting the app or your Mindtone account doesn’t cancel it.
• Purchases are processed by Apple, so refunds are handled by Apple under its policies. You can request one at reportaproblem.apple.com.
• If we change the price, Apple will tell you in advance, and where required you’ll need to agree before the new price applies.

Using Mindtone safely

• Keep the volume at a comfortable, low level, especially with earbuds or headphones.
• Mindtone’s alarm uses your iPhone’s alarm system. Make sure it’s set and that Mindtone is allowed to set alarms. We can’t guarantee it will always ring, for example if your iPhone is off or has no battery, so don’t rely on it alone when waking up on time really matters.
• Mindtone stays active all night so the music and the alarm keep working. We recommend charging your iPhone overnight.
• Don’t use Mindtone in situations where you need to stay alert.

Acceptable use

Mindtone is for your personal, non-commercial use. Please don’t:

• use it in a way that breaks the law or the rights of others;
• copy, sell, resell or distribute Mindtone or its content, or use it to build a competing product;
• try to access accounts, data or systems that aren’t yours, interfere with our servers or get around their limits;
• reverse engineer Mindtone, except where the law allows it;
• use bots or automated tools to generate plays or otherwise manipulate the music services.

We may suspend or close accounts that break these rules.

Our content and your license

Mindtone, including the Sleep Signal, its design, the moon, the illustrations and the text, belongs to us or our licensors. We give you a personal, limited, non-exclusive, non-transferable, revocable license to use the app on Apple devices you own or control, in line with these terms and the App Store’s Usage Rules. Music played through Spotify or Apple Music belongs to its rights holders and is licensed to you by those services.

If you send us feedback or ideas, we may use them to improve Mindtone without owing you anything.

App Store terms

If you got Mindtone from Apple’s App Store, these points also apply:

• These terms are between you and us, not Apple. We, not Apple, are solely responsible for Mindtone and its content.
• Your license is limited to using Mindtone on Apple-branded products you own or control, as permitted by the Usage Rules in the App Store Terms of Service, except that it may be used by other accounts linked to you through Family Sharing.
• We, not Apple, are responsible for maintenance and support. Apple has no obligation to provide any.
• If Mindtone fails to meet any warranty that applies, you can tell Apple, and Apple will refund the purchase price, if any. To the extent the law allows, Apple has no other warranty obligation for Mindtone.
• We, not Apple, are responsible for handling any claims about Mindtone, including product liability claims, claims that it fails to meet legal or regulatory requirements, and claims under consumer protection, privacy or similar laws.
• If anyone claims that Mindtone or your use of it infringes their intellectual property, we, not Apple, are responsible for investigating, defending, settling and resolving that claim.
• You confirm that you aren’t located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you aren’t on any U.S. Government list of prohibited or restricted parties.
• You must follow any third-party terms that apply when you use Mindtone, such as those of your mobile carrier.
• Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple may enforce them against you.

Questions, complaints or claims about Mindtone go to us: [email protected], or S.E. Smarters Engineered LTD, Efesou 9, 5290 Paralimni, Famagusta, Cyprus.

Disclaimers

Mindtone is provided “as is” and “as available”. To the extent the law allows, we don’t make promises beyond those in these terms. In particular, we don’t promise that it will improve your sleep, that it will always be available or free of errors, or that any particular music will be available. If you’re a consumer, you keep any rights you have under the law that can’t be limited by a contract.

Limitation of liability

To the extent the law allows, we aren’t liable for indirect or consequential losses, or for loss of data, profits or opportunities, arising from your use of Mindtone. Our total liability to you for any claim is limited to the amount you paid for Mindtone Plus in the 12 months before the claim. Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that can’t be limited by law.

Changes and ending these terms

We may update these terms as Mindtone changes. If a change is significant, we’ll let you know in the app or on this page before it applies. If you keep using Mindtone after that, the new terms apply. If you don’t agree, stop using Mindtone and delete your account.

You can stop using Mindtone at any time. We may stop offering Mindtone, or suspend your access if you break these terms. If we stop offering Mindtone Plus, we’ll do so in line with Apple’s rules for subscriptions.

Governing law

These terms are governed by the laws of the Republic of Cyprus, and the courts of Cyprus will deal with any dispute. If you’re a consumer, you also keep the protection of the mandatory laws of the country where you live, and you can bring a claim there. Before going to court, please write to us. Most problems can be solved quickly.

Contact

[email protected] · S.E. Smarters Engineered LTD, Efesou 9, 5290 Paralimni, Famagusta, Cyprus · Company no. HE465488.