Last updated: [DATE]
These Terms of Service (“Terms”) govern your access to and use of the Shai mobile application and any related services (collectively, the “App”), operated by Michael Garvey, an individual doing business as Shai (“Shai,” “we,” “us,” or “our”) [UPDATE TO ENTITY NAME ONCE FORMED, e.g., “Shai, LLC”]. By downloading, accessing, or using the App, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.
If you do not agree to these Terms, do not use the App.
1. Eligibility
You must be at least 16 years old to create an account and use the App. If you are under the age of majority in your jurisdiction but at least 16, you represent that you have permission from a parent or legal guardian to use the App. The App is not directed at children under 13, and we do not knowingly collect personal information from children under 13.
2. Account Registration
To access most features, you must create an account using Sign in with Apple or Sign in with Google. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activity that occurs under your account
- Providing accurate information during sign-up
You may delete your account at any time (see Section 9, “Account Deletion”).
3. Description of the Service
Shai provides audio sleep stories, ambient content, and related wellness features, selected based on mood, theme, and narrator preference. Some content is available at no cost (“Free Content”); additional content and features may be offered through a paid subscription (“Premium”).
Content narration is produced using AI voice synthesis technology (ElevenLabs) based on scripts written and edited by our team. We do not use your voice, likeness, or personal recordings to generate this content.
4. Subscriptions and Payments
- Premium access is offered on a subscription basis, billed through Apple’s In-App Purchase system.
- Pricing, billing frequency, and free trial terms (if any) are disclosed at the point of purchase in the App Store.
- Auto-renewal: Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.
- Managing or canceling: You can manage or cancel your subscription anytime in your Apple ID Account Settings, after purchase.
- Refunds: All billing is handled by Apple. Refund requests are subject to Apple’s App Store refund policies, not ours — we do not have the ability to issue refunds directly.
- We reserve the right to change subscription pricing. If pricing changes, we will provide notice as required by Apple’s guidelines before the change takes effect for existing subscribers.
5. Acceptable Use
You agree not to:
- Use the App for any unlawful purpose
- Attempt to reverse-engineer, decompile, or extract source code or audio assets from the App
- Redistribute, resell, broadcast, or publicly perform App content outside of personal, non-commercial use
- Circumvent or interfere with any subscription, security, or access-control mechanism
- Use automated means (bots, scrapers) to access the App
Some story content is also released independently by us on public platforms (e.g., YouTube, podcast platforms) under separate terms specific to those platforms; this section governs your use of the App itself.
6. Intellectual Property
All content in the App — including but not limited to story scripts, audio narration, music, visual designs, the Shai name and logo, and app functionality — is owned by us or our licensors and protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the App and its content for personal, non-commercial purposes, subject to these Terms.
7. Third-Party Services
The App relies on third-party service providers to function, including:
- Apple (Sign in with Apple, App Store payment processing)
- Google (Sign in with Google)
- Supabase (backend infrastructure, account data, and content storage)
- ElevenLabs (AI voice synthesis for narration production — used by us to produce content, not to process your personal data for this purpose)
Your use of Sign in with Apple/Google is also subject to those companies’ own terms and privacy policies.
8. Health & Wellness Disclaimer
Shai is intended for general relaxation, sleep, and wellness purposes only. It is not a medical device, treatment, or substitute for professional medical or mental health advice, diagnosis, or treatment. If you are experiencing a sleep disorder, anxiety, insomnia, or any medical or psychological condition, consult a qualified healthcare provider. Do not use the App while operating a vehicle or machinery.
9. Account Deletion
You may request deletion of your account and associated personal data at any time by [emailing [SUPPORT EMAIL] / using the in-app “Delete Account” option in Settings]. We will process deletion requests in accordance with our Privacy Policy and applicable law (see Section 7 of the Privacy Policy for GDPR/CCPA deletion rights).
10. Termination
We may suspend or terminate your access to the App at any time, with or without notice, if we believe you have violated these Terms. You may stop using the App and delete your account at any time.
11. Disclaimers
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHAI AND ITS OPERATOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, REVENUE, OR PROFITS, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
(Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.)
13. Governing Law and Disputes
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except where local consumer-protection law in your country of residence (e.g., EU member states) requires otherwise. Any dispute arising from these Terms will be resolved in the state or federal courts located in California, unless applicable law in your jurisdiction requires a different venue.
14. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated via the App or by email prior to taking effect. Continued use of the App after changes take effect constitutes acceptance of the revised Terms.
15. Contact
Questions about these Terms can be sent to:
[SUPPORT EMAIL]
[MAILING ADDRESS, IF PROVIDED]
This document is a template draft and has not been reviewed by an attorney. Given planned EU/UK usage, we recommend legal review before public launch.