Terms of Service (EULA)

1. Acceptance of Terms

By downloading, installing, or using Morpheus ("the App"), you agree to be bound by these Terms of Service ("Terms"), which incorporate Apple's Standard EULA by reference. If you do not agree to these Terms, do not use the App.

Important: Use of this App is subject to both these Terms and Apple's standard EULA. In case of conflict, the most restrictive terms apply to ensure maximum legal protection.

2. Description of Service

Morpheus is a sleep meditation and storytelling app that provides:

• Immersive sleep stories with mythological themes
• Ambient sounds and custom audio sessions
• Spatial audio experiences
• Personalized meditation guidance
• Sleep tracking and progress analytics
• Premium subscription features

3. Account Registration and Security

3.1 Account Creation and Age Requirements

• Minimum Age: You must be at least 13 years old to create a Morpheus account
• Parental Supervision: Users under 13 may use Morpheus under parental supervision through a parent or guardian's account
• You must provide accurate and complete information
• You are responsible for maintaining account security and all activities under your account
• One account per person - account sharing outside of family supervision is prohibited

3.2 Account Security

• Keep your login credentials confidential and secure
• Notify us immediately of any unauthorized access at contact@morpheusapp.ovh
• You are responsible for all activities under your account
• We reserve the right to suspend accounts showing suspicious activity

3.3 Protection Against Malicious Use

• Any attempt to reverse engineer, hack, or exploit the App is strictly prohibited
• Automated account creation or bot usage will result in immediate termination
• Accounts found sharing credentials or abusing free trials will be permanently banned
• We monitor for fraudulent activity and will cooperate with law enforcement

4. Subscription and Billing

4.1 Subscription Plans

• Free Tier: Limited access to basic features and one complete story
• Premium Subscription: Full access to all content and features
• Annual Plan: $49.99/year with 7-day free trial
• Monthly Plan: $9.99/month, billed monthly

4.2 Free Trial Terms

4.3 Billing Terms

• Subscriptions are billed through Apple App Store or Google Play Store
• Billing cycles begin on the day your trial ends (for annual) or on purchase day (for monthly)
• Prices are subject to change with 30 days advance notice
• Taxes may apply based on your location
• Payment processing is handled by Apple/Google - we do not store credit card information

4.4 Cancellation and Refunds

• Cancel your subscription at any time through your device's subscription settings (Settings → [Your Name] → Subscriptions on iOS)
• Cancellation takes effect at the end of the current billing period
• No refunds for partial billing periods unless required by law
• Refund requests must be made through the App Store or Google Play Store
• We reserve the right to refuse refunds for accounts that violated these Terms

4.5 Subscription Restoration

• Use the "Restore Purchases" button in the app to restore previous subscriptions
• Restoration only works if you're using the same Apple ID or Google account
• Contact support if restoration fails after multiple attempts

5. Content and Intellectual Property

5.1 Our Content

• All stories, audio, images, and app content are owned by Morpheus or our licensors
• Content is protected by copyright, trademark, and other intellectual property laws
• You may not copy, distribute, modify, reverse engineer, or create derivative works
• Downloading or extracting audio files is strictly prohibited and will result in account termination

5.2 User-Generated Content

• You retain ownership of any content you create (journal entries, preferences, custom sessions)
• You grant us a license to use your feedback to improve the app
• You are responsible for the accuracy and legality of your content
• We reserve the right to remove inappropriate content

5.3 Permitted Use

• Personal, non-commercial use only
• Do not share account credentials with others
• Do not attempt to extract, download, or redistribute audio content
• Do not reverse engineer, decompile, or modify the app
• Do not use the app in any commercial setting without explicit permission

6. Prohibited Activities

You agree not to:

• Use the app for any illegal or unauthorized purpose
• Interfere with or disrupt the app's functionality or servers
• Attempt to gain unauthorized access to our systems or other users' accounts
• Upload malicious code, viruses, or attempt any security breach
• Harass, abuse, threaten, or harm other users
• Violate any applicable laws or regulations
• Create multiple accounts to abuse free trials or promotional offers
• Use automated tools or bots to access the app
• Scrape, data mine, or extract content from the app
• Impersonate others or provide false information
• Resell, redistribute, or commercialize access to the app

Consequence: Violation of these terms will result in immediate account termination without refund, and we reserve the right to pursue legal action.

7. Privacy and Data Collection

Your privacy is important to us. Our Privacy Policy (available at www.morpheusapp.ovh/privacypolicy) explains:

• What information we collect and why
• How we use and protect your data
• Your rights regarding your personal information
• How to contact us about privacy concerns

By using the app, you consent to our Privacy Policy and data practices described therein.

8. Medical Disclaimer and Limitation of Medical Liability

8.1 Not Medical Advice

MEDICAL DISCLAIMER: Morpheus is for educational, entertainment, and wellness purposes only. The content, including all stories, meditations, sounds, and guidance, is NOT intended to be a substitute for professional medical advice, diagnosis, or treatment.

8.2 Critical Warning - Do Not Stop Medical Treatment

WARNING: Never disregard professional medical advice or delay in seeking it because of something you have experienced through this app. Do not stop taking prescribed medications or discontinue any medical treatment based on using this app.

• If you have insomnia, sleep disorders, anxiety, depression, or any mental health condition, consult with a qualified healthcare professional
• This app does not diagnose, treat, cure, or prevent any medical condition
• If you think you may have a medical emergency, call your doctor or emergency services (911 in US) immediately
• Results vary by individual - improvement in sleep quality is not guaranteed

8.3 Contraindications and Warnings

Consult a healthcare professional before using this app if you have:

• Diagnosed sleep disorders (sleep apnea, narcolepsy, insomnia)
• Mental health conditions (PTSD, severe anxiety, depression)
• Epilepsy or seizure disorders (audio may trigger episodes)
• Hearing impairments or ear conditions
• Pregnancy (consult your doctor before changing sleep routines)

8.4 Safe Usage Guidelines

• Do NOT use while driving, operating machinery, or performing any activity requiring alertness
• Use headphones at safe volume levels to prevent hearing damage
• Be aware of your surroundings when using the app
• Discontinue use immediately if you experience discomfort, dizziness, or adverse reactions
• The app is designed for nighttime sleep use in a safe environment

8.5 Absolute Limitation of Medical Liability

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• MORPHEUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY ARISING FROM:

• Medical conditions, health-related decisions, or health outcomes resulting from app usage
• Delay or failure to seek medical treatment due to app usage
• Worsening of existing medical conditions
• Adverse reactions to audio content or meditation techniques
• Reliance on app content as medical advice
• Discontinuation of prescribed medical treatments

YOU ACKNOWLEDGE AND AGREE THAT:

• You use this app at your own risk
• You will not hold Morpheus liable for any health-related outcomes
• Any health-related decisions should be made in consultation with qualified healthcare professionals
• This app is a wellness tool, not a medical device or treatment

9. General Limitation of Liability

9.1 Service Availability

• We strive to provide reliable service but cannot guarantee 100% uptime
• We may temporarily suspend service for maintenance, updates, or security
• We are not liable for service interruptions, data loss, or corrupted content
• Internet connectivity is your responsibility

9.2 Damages and Monetary Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability is limited to the amount you paid for the service in the past 12 months
• We are not liable for indirect, incidental, consequential, special, or punitive damages
• We are not liable for lost profits, lost data, or business interruption
• Some jurisdictions do not allow liability limitations - in such cases, minimum liability applies

9.3 Third-Party Services

• We are not responsible for Apple App Store, Google Play Store, or payment processor issues
• Authentication providers (Apple Sign-In, Google) have separate terms and liability
• Content delivery networks or hosting providers are not our responsibility

10. Indemnification

You agree to defend, indemnify, and hold harmless Morpheus, its officers, directors, employees, contractors, agents, licensors, and suppliers from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the app
• Your violation of these Terms
• Your violation of any third-party rights (copyright, privacy, etc.)
• Any health-related claims resulting from your use of the app
• Your failure to seek appropriate medical care
• Any fraudulent or malicious activity on your account

11. Modifications to Service and Terms

11.1 Service Changes

• We may modify, suspend, or discontinue any part of the service at any time
• We may add, remove, or change features with reasonable notice
• Significant changes will be communicated through in-app notifications or email
• Continued use after changes constitutes acceptance

11.2 Terms Updates

• We may update these Terms from time to time for legal or operational reasons
• Changes will be posted in the app and on our website
• We will notify you of material changes via email or in-app notification
• Continued use after changes constitutes acceptance of new Terms

12. Termination

12.1 Termination by You

• You may delete your account at any time through Settings → Data & Privacy → Delete Account
• Termination does not entitle you to a refund for unused subscription time
• All your data will be permanently deleted within 30 days

12.2 Termination by Us

• We may terminate or suspend accounts that violate these Terms without notice or refund
• We may suspend service for maintenance, legal compliance, or security threats
• Repeated violations or fraudulent activity will result in permanent ban
• We will provide reasonable notice when possible, except in cases of severe violations

13. Governing Law and Disputes

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of France, without regard to conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the courts of France.

13.2 Dispute Resolution

• First, contact us at contact@morpheusapp.ovh to resolve disputes informally
• We will work in good faith to resolve issues within 30 days
• If informal resolution fails, disputes will be resolved through binding arbitration or court proceedings
• You waive any right to participate in class action lawsuits

13.3 Exceptions

• We may seek injunctive relief in court for intellectual property violations
• Either party may seek relief in small claims court
• Emergency medical situations are not subject to arbitration

14. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid by a court of law, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

15. Entire Agreement

These Terms, together with our Privacy Policy and Apple's Standard EULA, constitute the entire agreement between you and Morpheus regarding your use of the app. These Terms supersede any prior agreements or communications.

16. Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, fuel, energy, labor, or materials.

18. Acknowledgment and Agreement

By using Morpheus, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms of Service
• You have read and agree to our Privacy Policy
• You agree to Apple's Standard EULA incorporated by reference
• You understand the medical disclaimers and limitations of liability
• You will not hold Morpheus liable for health-related outcomes
• You will not engage in prohibited activities or malicious use
• You understand the subscription and billing terms, including trial periods