Last Updated: 7/02/2024

1. Overview

Hi, and welcome to this Siestapp App Terms of Service (these “Terms of Service”) that govern your use of the Siestapp Mobile Application and associated features, website and services (the “Siestapp App”). By accessing and using the Siestapp App, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any terms under these Terms of Service, you are prohibited from using or accessing the Siestapp App.

2. Company information

The Siestapp App is provided by and registered under the trading name Miguel Lorenzo with Australian Business Number (ABN) 53 808 502 460 (“Company”, “we”, “us” or “our”). If you have any questions, issues, complaints, feedback, ideas, or suggestions regarding these Terms of Service or the entire Siestapp App services, please reach out to us via the “contact us” form on the Siestapp App or directly via our website contact form.

3. The Siestapp App services

The Siestapp App offers a range of ambient soundscapes and noise filters to enhance relaxation, focus, and sleep quality. Users can customize their sound environment with various sounds and settings, creating personalized experiences. The app facilitates a community aspect where users can share their favorite soundscapes, receive recommendations, and engage with others through likes and comments. Siestapp is committed to continually evolving its features and offerings to enrich user experience, maintaining the right to update the app's functionalities as needed. By using the Siestapp App, you agree to use it for these services only. We reserve the right to change certain features of the Siestapp App at any time without notice or liability.

4. Eligibility

To use the Siestapp App, you are required to be able to form a legally binding agreement, and your use must not violate these Terms of Service or any applicable law. You may only use the Siestapp App for the purpose for which Company makes it available. You must not also use the Siestapp App in manners that may infringe on any user or third party’s copyright or intellectual property rights. Company reserves the right to terminate your use of the Siestapp App in the event that your use violates this paragraph.

5. Siestapp App use license

Subject to your compliance with these Terms of Service, Company hereby grants you the permission to download one copy of the Siestapp App (per device) for your access and use. However, this is the grant of a license, not a transfer of title or ownership. Therefore, under this license, you may not:

1. modify or copy any of the Siestapp App features for use with any other product, app or services that may compete with the Siestapp App or cause confusion;
2. attempt to decompile or reverse engineer any software contained on the Siestapp App;
3. remove any copyright or other proprietary notations from the Siestapp App features or content; or
4. transfer the Siestapp App features to another person or "mirror" them on any other server.

The license granted to you hereunder shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your use of the Siestapp App or this license, you must destroy any downloaded features in your possession – whether in electronic or printed format.

6. Privacy Policy

To use the Siestapp App, you may be required to submit certain personal data, including when you create a Siestapp account or contact us. Where we collect such data, we will use it in accordance with our Privacy Policy. You are required to review and agree to our privacy practices as described in our Privacy Policy before using the Siestapp App. By using the Siestapp App and by submitting personal data to us, you represent to us that you have reviewed our Privacy Policy and agree to the descriptions. If that is not the case, you may not use the Siestapp App.

7. Siestapp account and registration

To use some features of the Siestapp App, including following another user, liking or commenting on their content and sharing filters, shaders, templates and effects, you are required to create a Siestapp account through the “Sign in with Apple” feature. By creating a Siestapp account, you warrant that your data is accurate and complete and that you are not impersonating any third party. By using the “Sign in with Apple” feature, you authorise us to obtain the necessary data from your Apple ID to create a Siestapp account. You may terminate this authorisation at any time by using the “remove account” button in your profile area. We reserve the right to terminate your Siestapp account if we find out it goes against this paragraph.

8. Electronic communications

By using the Siestapp App, you agree that we may occasionally send you notices via the Siestapp App, including through push notifications. You hereby agree that any notices, including these Terms of Service, Privacy Policy and any message passed to you electronically shall satisfy any legal requirement.

9. Prohibited uses

We want the Siestapp App to be safe for all users, including you. Therefore, we may allow any activities that may hinder this goal. In relation to your use of the Siestapp App, you shall stay away from the following prohibited activities:

You may not:

1. use the Siestapp App in any manner that goes against these Terms of Service or any applicable law;
2. falsely create a license in which you do not have the right or authorisation or otherwise claim an affiliation with a brand without such a brand’s written permission;
3. use the Siestapp App in any manner that may disparage or damage Company’s image, reputation or goodwill;
4. attempt to bypass any system put in place to restrict access, including the payment system;
5. use or utilise any scrapers, spiders, bots or other automated technologies to access the Siestapp App;
6. impose an uneven burden or disproportionate load on any system or network connected to the Siestapp App, or otherwise, attempt to hinder its smooth operation;
7. assign, license, lease or rent out your Siestapp account to a third party without written permission from Company;
8. attempt to decompile, reverse-engineer, decipher or disassemble any of the software that makes up the Siestapp App; and
9. attempt to delete any intellectual property notices from any of Company Content (described below).

10. Ownership of intellectual property

(Aside from the content created by users and third parties) The content on the Siestapp App, including the texts, images, articles, descriptions, logos, graphics, audios, videos, button icons, page headers, information, etc. (“Company Content”) are owned by and licensed to Company, and are subject to copyright and other intellectual property rights in Australia and other locations. Other than to use the Siestapp App and in accordance with these Terms of Service, you may not use any Company Content, including copying, extracting, utilising, aggregating, reproducing, advertising or displaying, for any other purposes other than as described in these Terms of Service without Company’s written approval.

You may not use our trademarks and trade dress, including our logos, button icons, service name, graphics and scripts in association with any other products or services in any way that may cause confusion without our written approval.

11. Your Content

The Siestapp App permits you to create, submit and share certain content, including comments, presets, and music compositions and username (“Your Content”). By creating and sharing Your Content on the Siestapp App, you warrant to us that (i) you have the rights and license to Your Content and that Your Content does not infringe any user or third party’s intellectual property rights; (ii) Your Content does not include any content or information that goes against any ethical behaviour, including pornography; (iii) Your Content does not contain any abusive, profane, racist or offensive comments about any religion, gender, sex, race, national origin or government, and (iv) Your Content does not have any materials or links that go against these Terms of Service or any applicable law.

You own the rights (including copyrights and trademarks), licenses and title to Your Content, and you are free to license them to any other user of the Siestapp App or third party as you please. Nothing under these Terms of Service shall be construed as taking away the rights you have over any of Your Content. However, in order to provide the Siestapp App, we require your license to use Your Content, too. Therefore, you hereby grant to Company an unrestricted, unlimited, unconditional, irrevocable, non-exclusive, perpetual, royalty-free, transferable, license and right to host, copy, use, disclose, reproduce, publish, broadcast, archive, cache, store, publicly perform or display, translate, distribute and transmit Your Content for whatever purposes (including advertising or commercial) and to allow and approve sublicenses of Your Content.

You have the right to delete or make private any of Your Content and licenses at any time by reaching out to us via the “contact us” button. However, due to the nature of the internet, Your Content may exist privately on our database or elsewhere in circumstances where (i) immediate deletion is impossible, (ii) copies of Your Content exists with users you previously shared it with, and (iii) Your Content cannot be deleted due to an ongoing investigation or claim.

In relation to Your Content, we reserve the right to edit, change or remove it, including where we believe Your Content infringes on any third-party right (for example, where your username goes against any third-party intellectual property).

12. Purchases and payments

The Siestapp App offer in-app purchases that require you to make payment using the payment method set up on your Apple device. Any purchases made through the Siestapp App are handled and processed by our third-party payment processor (Apple Inc.). Therefore, your payment method data is subject to Apple’s privacy and terms of service. By initiating a purchase through the Siestapp App, you authorise Apple Inc. to deduct the applicable amount from your payment method on Company’s behalf. Due to the nature of the Siestapp App and its features, all purchases made are final without refunds.

13. Copyright infringement

Company respects the intellectual property rights of users. We expect users to also do the same when using the Siestapp App. We respond to copyright infringement claims. If you are a user or third party who believes any content on the Siestapp App infringes your intellectual property rights, you may reach out to us with proof of ownership, and we will take it down if it qualifies. To make a copyright infringement claim, please reach out to us through the contact forms with the location of the infringed content and proof of ownership and that you did not license such content to the infringer.

14. Accuracy of content

Company Content appearing on the Siestapp App may include technical, typographical or photographic errors. Company does not warrant that any of Company Content is accurate, complete or current. Company may make changes to any Company Content contained on the Siestapp App at any time without notice. However, Company does not make any commitment to update any Company Content.

15. Disclaimers

The Siestapp App and its features are provided on “as is” and “as available” basis. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Company does not warrant or make any representations concerning the accuracy, likely results or reliability of the use of the features on the Siestapp App or otherwise relating to such features or on any websites linked to the Siestapp App. We do not warrant that the Siestapp App will perform to your expectations or that there will be no errors, mistakes, omissions, downtimes, interruptions or cessations in the content or features. Furthermore, we do not warrant that the Siestapp App will not contain harmful software, such as bugs, worms and trojan horses transmitted by third parties or that the personal data we hold about you is 100% secure.

16. Liability limitations

In no event shall Company or any of its affiliates be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental or punitive damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Siestapp App, even if Company or any authorised personnel or employee has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Nothing under these Terms of Service shall be construed as limiting the warranties and rights you have under applicable law, including the non-excludable warranties under the Australian Consumer Law (ACL).

17. Indemnity

You hereby agree to indemnify and hold Company (including its employees, affiliates and partners) harmless from and against any claims, demands, damages, losses, disputes, court actions, proceeding and expenses (including attorney’s fees) that may be made by any third party as a result of (i) your use or inability to use the Siestapp App; (ii) Your Content and its use or any licensing therein, or (iii) your breach or violation of these Terms of Service, any applicable law or a third party’s right.

18. Third-party links

We have not reviewed all of the websites linked to the Siestapp App and are not responsible for the contents of any such linked websites. The inclusion of any link does not imply our endorsement of such websites’ practices. Your use of any such linked websites is at your own risk.

19. Modifications

We may revise these Terms of Service for the Siestapp App at any time without notice. By using the Siestapp App, you are agreeing to be bound by the then current version of these Terms of Service.

20. Governing law

These Terms of Service are governed by and construed in accordance with the laws of NSW, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in the State of NSW.

21. Entire agreement

These Terms of Service represents the entire agreement between you and Company in relation to your use of the Siestapp App. These Terms of Service supersede any understanding, promises, agreements, and covenants – whether oral or written – that may have existed between you and Company before them.

22. Assignment

You may not assign, sell or license the rights you have under these Terms of Service to a third party without written approval from Company. Company, on the other hand, may assign its rights hereunder – including hiring third-party service providers – at any time.

23. Severability

If any portion or section of these Terms of Service is found to be invalid or unenforceable by any applicable law or court having competent jurisdiction, such a portion or section shall be deleted (or edited to be valid), and it shall not affect the other valid and enforceable portions or sections.

24. Force majeure

Company shall, in no way, be liable to you or any third party for any failure or delay to provide the Siestapp App as a result of events beyond its reasonable control, including without limitation, internet breakdowns, maintenance, riots, pandemics, government intervention and acts of God.

25. Waiver

No waiver under these Terms of Service shall be valid unless such a waiver is in writing. Company’s failure to enforce a right or provision under these Terms of Service shall not be deemed as a waiver of its right to enforce such a right or provision at a later date or on subsequent violations.

26. Survival

If these Terms of Service terminates in any way, including where your Siestapp account is deleted, the sections under these Terms of Service that by their nature are meant to survive the termination shall survive such termination.

27. Additional terms

Your use of certain features on the Siestapp App may be subject to additional terms and conditions, and such terms and conditions shall be in addition to these Terms of Service. However, the additional terms and conditions may sometimes conflict with these Terms of Service. If that happens, then the additional terms in relation to such features shall supersede.

‍