These Terms of Service ("Terms") govern your access to and use of the Bambini Sleep

mobile application, website, and related products and services (collectively, the "Services") operated by Bambini Sleep Pty Ltd ("Bambini Sleep", "we", "our", or "us").

By downloading, accessing, subscribing to, creating an account with, uploading content to, or using the Services, you agree to be legally bound by these Terms.

If you do not agree to these Terms, you must not use the Services.

1. ELIGIBILITY

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account, purchase a subscription, upload content, or otherwise use the Services as an account holder.

Bambini Sleep is intended for use by parents, guardians, and adult caregivers. If you use the Services in connection with a child, family member, or another person, you are solely responsible for that use and for any content uploaded through your account.

2. ACCOUNT RESPONSIBILITY

You are responsible for:

● maintaining the confidentiality of your login credentials;

● restricting access to your device and account;

● all activity occurring under your account;

● ensuring that information you provide is accurate, current, and complete;

● keeping your email address and account details up to date.

You must notify Bambini Sleep promptly if you suspect unauthorised access to or use of your account. Bambini Sleep is not liable for loss, deletion, disclosure, or misuse of content resulting from your failure to secure your account, device, credentials, or third-party login provider.

3. USER CONTENT OWNERSHIP AND LICENCE

You retain ownership of audio recordings and other User Content uploaded or created by you. By uploading, recording, saving, syncing, or transmitting User Content through the Services, you grant Bambini Sleep a limited, non-exclusive, worldwide, royalty-free, revocable licence to host, store, process, back up, synchronise, reproduce, transmit, and technically modify such content solely as reasonably necessary to operate, maintain, secure, troubleshoot, and provide the Services.

You are solely responsible for all User Content uploaded, recorded, saved, shared, or

transmitted through your account.

You must not upload or use User Content that:

● infringes copyright, trade mark, privacy, confidentiality, publicity, intellectual property,

or other legal rights;

● contains unlawful, abusive, exploitative, harmful, invasive, or inappropriate material;

● contains another person’s voice or personal information without any required

consent;

● violates applicable laws;

● interferes with the security, operation, or integrity of the Services.

Bambini Sleep may suspend, remove, restrict, preserve, or disable access to User Content

where reasonably necessary to protect users, comply with law, investigate misuse, respond

to disputes, or operate the Services.

4. PERSONAL RECORDINGS AND BACKUPS

Bambini Sleep may allow users to save and synchronise personal recordings and mixes.

Some recordings may have personal or emotional value to users.

You are responsible for keeping independent backup copies of any personally important or

irreplaceable recordings.

Bambini Sleep does not guarantee that User Content will always remain available,

accessible, recoverable, uninterrupted, error-free, or free from corruption, deletion, sync

failure, storage failure, device failure, account error, or third-party service disruption.

5. ACCEPTABLE USE

You agree not to:

● Misuse the Services;

● Attempt to reverse engineer, copy, scrape, decompile, modify, or interfere with the

Services except to the extent permitted by law;

● Bypass, exploit, or interfere with subscriptions, access controls, authentication,

storage systems, or security features;

● Use the Services for unlawful, fraudulent, harmful, abusive, or exploitative purposes;

● Upload malicious code, harmful files, or unlawful content;

● Share accounts in a way that circumvents paid access restrictions;

● Interfere with other users’ use of the Services;

● Use the Services in a way that damages Bambini Sleep’s systems, reputation,

intellectual property, or commercial interests.

We may suspend, restrict, or terminate access where we reasonably believe misuse has

occurred.

6. SUBSCRIPTIONS AND PREMIUM ACCESS

Certain features of Bambini Sleep may require a paid subscription or in-app purchase.

Subscription fees, billing cycles, trial periods, renewal terms, cancellation rules, and

available plans will be disclosed at or before the point of purchase.

Subscriptions automatically renew unless cancelled through the applicable billing platform

before renewal in accordance with that platform’s rules.

Purchases made through the Apple App Store, Google Play, or another third-party billing

platform are subject to that platform’s terms, billing rules, cancellation process, and refund

policies.

Bambini Sleep may modify subscription pricing, plan inclusions, available features, free

trials, or premium entitlements prospectively, subject to applicable law and platform

requirements.

7. FREE TRIALS

Bambini Sleep may offer free trials at its discretion. Unless stated otherwise at the point of purchase, a free trial will automatically convert into a paid subscription unless cancelled before the trial ends in accordance with the applicable billing platform’s rules.

Trial eligibility, duration, renewal timing, and cancellation requirements may vary by platform,

location, offer, and account history.

8. REFUNDS

Where purchases are made through the Apple App Store, Google Play, or another

third-party billing platform, refund requests must be submitted through that platform unless

otherwise required by law.

Bambini Sleep does not control all refund decisions made by third-party billing platforms.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right,

remedy, or protection that cannot be excluded under applicable law, including the Australian

Consumer Law where it applies.

9. NO GUARANTEE OF CONTINUOUS AVAILABILITY

While Bambini Sleep aims to provide stable and reliable service, we do not guarantee:

● Uninterrupted availability;

● Error-free operation;

● Permanent cloud accessibility;

● Uninterrupted audio playback on all devices;

● Compatibility with all devices, operating systems, headphones, speakers, networks,

or third-party services;

● Preservation or recovery of all User Content;

● That all bugs, crashes, or sync issues will be corrected immediately.

Scheduled maintenance, third-party outages, software bugs, device limitations, operating

system changes, storage limits, internet interruptions, subscription verification issues, or

events outside our reasonable control may affect the Services.

10. NO MEDICAL, THERAPEUTIC, OR CLINICAL WARRANTY

Bambini Sleep provides general audio relaxation, comfort, and sleep-support functionality

only.

The Services do not provide medical advice, psychological treatment, behavioural therapy,

therapeutic diagnosis, clinical sleep treatment, or healthcare recommendations.

We do not warrant that the Services will:

● Improve sleep outcomes;

● Resolve infant or child sleep issues;

● Prevent waking;

● Treat medical, behavioural, developmental, or psychological conditions;

● Replace professional healthcare advice;

● Be suitable for every child, parent, caregiver, or household.

All sleep, parenting, developmental, behavioural, and medical decisions remain the sole

responsibility of the user.

11. INTELLECTUAL PROPERTY

All Bambini Sleep branding, logos, trade marks, software, source code, object code, design

systems, sound libraries, artwork, icons, text, graphics, user interfaces, databases,

documentation, business processes, and proprietary functionality are owned by or licensed

to Bambini Sleep.

Except for User Content owned by users, no part of the Services may be copied,

reproduced, modified, distributed, sold, leased, sub licensed, reverse engineered, or

commercially exploited without prior written permission from Bambini Sleep, except to the

extent permitted by law.

12. CHANGES TO THE SERVICES

We may modify, update, replace, suspend, discontinue, or remove any feature, sound,

content library, pricing structure, plan, user interface, technical functionality, or part of the

Services at any time, subject to applicable law.

We are not liable for changes to the Services unless liability cannot be excluded under

applicable law.

13. THIRD-PARTY SERVICES

The Services may rely on or link to third-party platforms, marketplaces, authentication

providers, cloud providers, analytics providers, payment systems, or support tools.

Bambini Sleep is not responsible for the acts, omissions, outages, policies, security

practices, billing practices, or content of third-party services, except to the extent required by

law.

Your use of third-party services may be subject to separate terms and privacy policies.

14. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Bambini Sleep Pty Ltd, its directors, officers,

employees, contractors, service providers, and affiliates will not be liable for any indirect,

incidental, consequential, special, exemplary, or punitive loss or damage, including but not

limited to:

● loss, deletion, corruption, or unavailability of User Content;

● loss of personally important recordings;

● interrupted playback;

● missed sleep routines;

● app crashes;

● device incompatibility;

● cloud sync failure;

● account access issues;

● subscription interruption;

● third-party service outages;

● emotional distress arising from User Content loss or app unavailability;

● business interruption;

● loss of profits, revenue, goodwill, data, or opportunity.

To the maximum extent permitted by law, Bambini Sleep’s total aggregate liability for all

claims relating to the Services will be limited to the amount paid by you to Bambini Sleep for

the Services in the twelve (12) months before the event giving rise to the claim.

Nothing in these Terms excludes, restricts, or modifies any right, remedy, guarantee, or

liability that cannot lawfully be excluded, restricted, or modified.

15. INDEMNITY

To the maximum extent permitted by law, you agree to indemnify and hold harmless Bambini Sleep Pty Ltd, its directors, officers, employees, contractors, service providers, and affiliates

from and against claims, losses, liabilities, damages, costs, and expenses arising from:

● Your misuse of the Services;

● Your breach of these Terms;

● User Content uploaded, recorded, stored, shared, or transmitted through your

account;

● Your infringement of third-party rights;

● Your violation of applicable law;

● Unauthorised use of your account caused by your failure to secure your account,

device, or credentials.

16. TERMINATION

We may suspend, restrict, or terminate your access to the Services where we reasonably

believe:

● You have breached these Terms;

● Payment is fraudulent, reversed, expired, or invalid;

● Misuse, abuse, or unlawful conduct has occurred;

● Account security is compromised;

● Service integrity, user safety, or Bambini Sleep’s rights may be threatened;

● We are required to do so by law or a third-party platform.

You may stop using the Services at any time. You may request account deletion in

accordance with our Privacy Policy and Account Deletion Policy. Termination of your account may result in loss of access to User Content, saved mixes, preferences, and premium features.

17. GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia.

Subject to any rights that cannot be excluded under applicable consumer protection laws,

the courts of New South Wales, Australia will have exclusive jurisdiction over disputes

arising in connection with these Terms or the Services.

18. CONTACT

Bambini Sleep Pty Ltd

Email: hello@bambinisleep.com