DreamLayers — Terms & Conditions

1. Parties & Contract Formation

1.1 Operator. These Terms are a binding contract between DreamLayers SAS, a company organized under the laws of France, (collectively, "DreamLayers," "we," "us," or "our") and you, the end user of the DreamLayers mobile application, website(s), and related services (the "Service" or "App").

1.2 Acceptance. By downloading, installing, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service. Where applicable, you also agree to the applicable App Store Terms (e.g., Apple App Store or Google Play).

1.3 Changes. We may update these Terms to reflect operational, legal, or regulatory changes. We will provide reasonable notice by in‑app message, email, or posting a new version with a new "Last updated" date. Your continued use after the effective date constitutes acceptance.

2. The Service

2.1 Description. DreamLayers enables you to (a) record dreams (voice or text), (b) transcribe audio, (c) obtain AI‑generated summaries, themes, sentiment, and other interpretive outputs, (d) use a guided conversational capture mode, and (e) generate bedtime stories and audio via text‑to‑speech.

2.2 AI Outputs. Portions of the Service use third‑party AI/ML models to generate content based on your inputs. Outputs may be inaccurate, incomplete, or inappropriate. You are responsible for evaluating outputs and using them reasonably.

2.3 Wellness‑only; Not Medical Care. The Service is for wellness, reflection, and entertainment. It does not diagnose, treat, or provide medical/psychological advice. Do not rely on the Service for decisions about health or safety. For concerns (including sleep, mood, anxiety, or emergencies), consult a qualified professional or call local emergency services.

2.4 Free & Paid Tiers. We may offer a free tier with usage limits (e.g., weekly caps) and paid subscriptions with expanded features/limits. Exact limits, pricing, and inclusions are as presented in‑app at purchase time and may change prospectively.

2.5 Feature Changes. We may add, modify, throttle, or remove features over time to improve the Service, maintain security, comply with law, or manage operational requirements.

3. Eligibility & Accounts

3.1 Age. You must be at least 16 years old (or the age of digital consent in your country) to use the Service. If you are under 18, you represent that you have parental/guardian permission. The Service is not directed to children under 13.

3.2 Account Registration. Some features require an account. You must provide accurate information and keep it updated. You are responsible for your account credentials and all activities under your account.

3.3 Entity Use. If you use the Service on behalf of an organization, you represent you have authority to bind that organization and accept these Terms for it. For enterprise features or Data Processing Agreements (DPAs), contact legal@dreamlayers.io.

4. Purchases, Trials, Billing & Taxes

4.1 Subscriptions. Paid features are sold as auto‑renewing subscriptions or consumables billed by the App Store provider (e.g., Apple, Google). Apple In‑App Purchase terms apply for iOS users; billing, cancellations, and refunds are handled by Apple.

4.2 Auto‑Renewal. Unless you cancel at least 24 hours before the current period ends, your subscription renews automatically and your payment method is charged per the App Store rules.

4.3 Managing Subscriptions. You can manage or cancel your subscription via your App Store account settings.

4.4 Trials & Promotions. Trial eligibility and duration are shown in‑app. When a trial ends, you may be converted to a paid plan unless you cancel in time.

4.5 Pricing. Prices may change prospectively; we will notify you per platform rules. Taxes may apply and are your responsibility where required by law.

4.6 EU Right of Withdrawal (Digital Content). If you reside in the EEA/UK and purchase digital content/services, you consent to immediate performance and acknowledge that you lose your right of withdrawal once full performance begins. Where required, we will present an explicit acknowledgement during purchase.

5. Acceptable Use & Safety

5.1 Rules. You agree not to:

• Break the law or infringe rights (privacy, IP, publicity).
• Upload content that is unlawful, harmful, hateful, harassing, defamatory, obscene, sexually explicit, exploitative of minors, or that promotes self‑harm or violence.
• Attempt to diagnose, treat, or advise others medically/psychologically using the Service.
• Reverse engineer, decompile, or bypass security/rate limits.
• Use bots, scrapers, or automated systems to access the Service without permission.
• Interfere with or disrupt the Service or other users.
• Use outputs to create or disseminate disinformation, spam, malware, or content intended to cause harm.
• Use the Service to train, test, or benchmark competing AI models without our written consent.

5.2 Safety Filters. We may filter, throttle, or block certain inputs/outputs to reduce misuse or harm and may report illegal content to authorities where required.

5.3 Enforcement. We may remove content, suspend, or terminate accounts that violate these Terms or applicable law.

6. Your Content & AI‑Generated Content

6.1 Your Content. "User Content" includes your audio recordings, text entries, metadata, and other materials you upload or create using the Service.

6.2 Ownership. As between you and us, you own your User Content.

6.3 License to Us. You grant DreamLayers a worldwide, non‑exclusive, royalty‑free license to host, store, process, analyze, reproduce, adapt, perform, and display your User Content only to operate, provide, improve, and secure the Service; to develop related features; to comply with law; and as otherwise permitted by our Privacy Policy.

6.4 AI‑Generated Outputs. Subject to third‑party rights and applicable law, we assign to you our rights (if any) in AI‑generated text/audio/story outputs created for you from your prompts. You are responsible for reviewing and for any use of such outputs (including ensuring they do not infringe others' rights). Where assignment is not possible, we grant you a broad license to use such outputs.

6.5 Feedback. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use it without restriction.

6.6 Third‑Party Rights. You must have all necessary rights to submit User Content. Do not include others' personal data, confidential information, or content you lack rights to share.

7. Intellectual Property

7.1 Our IP. The Service, including software, visual interfaces, graphics, trademarks, and documentation, is owned by DreamLayers and its licensors and is protected by IP laws. No rights are granted except as stated.

7.2 License to You. Subject to these Terms, we grant you a limited, revocable, non‑exclusive, non‑transferable, non‑sublicensable license to use the App on devices you own/control for your personal, non‑commercial use.

7.3 Restrictions. You may not copy, modify, create derivative works of, distribute, sell, or lease any part of the Service; nor may you reverse engineer or attempt to extract source code except where permitted by law.

7.4 Open‑Source/Third‑Party Licenses. Some components may be provided under open‑source licenses; those terms govern such components.

8. Third‑Party Services & Providers

8.1 Model/Infra Providers. The Service uses third‑party providers for transcription, AI analysis/generation, TTS, and hosting (e.g., OpenAI, Deepgram, ElevenLabs, Supabase). Use of these features entails data processing by such providers under their terms and privacy practices.

8.2 App Stores. If you obtained the App via an App Store, that store may be a third‑party beneficiary of these Terms and may enforce them.

8.3 Links. The Service may contain links to third‑party sites. We are not responsible for their content or practices.

9. Privacy, Data Protection & Security

9.1 Privacy Policy. Our Privacy Policy describes how we collect, use, and share personal data. It is incorporated by reference and should be read alongside these Terms.

9.2 Legal Bases (EEA/UK). Where GDPR/UK GDPR applies, our legal bases include: (a) contract (to provide the Service), (b) consent (e.g., microphone access, optional analytics/notifications), and (c) legitimate interests (e.g., Service security, product improvement). You can withdraw consent at any time via device/app settings.

9.3 International Transfers. We may transfer personal data outside your country (e.g., to the US) subject to appropriate safeguards (e.g., Standard Contractual Clauses or equivalent). Details appear in our Privacy Policy.

9.4 Your Rights. Subject to law, you may have rights to access, rectify, erase, restrict, object to processing, portability, and to lodge complaints with your data protection authority. Contact privacy@dreamlayers.io.

9.5 Data Retention. We retain personal data only as long as needed to provide the Service or as required by law (e.g., account data while active; audio/transcripts/analyses for your library; server logs for safety/diagnostics) and then delete or anonymize it.

9.6 Security. We implement technical and organizational measures appropriate to risk. No system is perfectly secure; you use the Service at your own risk.

9.7 Children. We do not knowingly collect personal data from children under 13. If you believe a child provided personal data, contact us for deletion.

10. Service Changes, Availability & Support

10.1 Changes. We may add, modify, or remove features, impose or adjust usage limits/rate limits, or discontinue the Service (in whole or part) with reasonable notice where feasible.

10.2 Availability. The Service may be unavailable due to maintenance, outages, or factors beyond our control. We do not guarantee uninterrupted operation or accuracy of outputs.

10.3 Support. You can contact support@dreamlayers.io. Response times are not guaranteed unless a separate SLA applies.

11. Health & Safety Disclaimers

11.1 No Medical Advice. The Service is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or psychological condition. Always seek the advice of a qualified healthcare provider with any questions about a health condition or mental well‑being.

11.2 Emergency. If you believe you or someone else is at risk of harm, call local emergency services immediately.

11.3 Accuracy Limits. AI‑based interpretations may be speculative or wrong; do not rely on them for decisions with health, legal, or financial consequences.

12. Service Availability

12.1 Service Availability. We may use local fallbacks or degraded modes when needed to preserve core service availability, but paid AI features remain subject to the applicable entitlement, quota, and platform rules described in these Terms and in-app.

12.2 Guided Mode. The guided conversational capture experience is evolving and may be throttled, end early, or decline to produce an analysis where insufficient content is available.

13. Termination

13.1 Your Termination. You may stop using the Service at any time and, if applicable, cancel any paid subscription via your App Store settings.

13.2 Our Termination/Suspension. We may suspend or terminate your access if you breach these Terms, if required by law, or for misuse/safety reasons. Where feasible, we will provide notice.

13.3 Effect. Upon termination, your license ends and you must stop using the Service. Sections that by their nature should survive (e.g., 6, 7, 9, 11, 13.3, 14–20) will survive.

14. Warranties & Disclaimers

14.1 AS IS. To the maximum extent permitted by law, the Service is provided "as is" and "as available." We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non‑infringement.

14.2 No Guarantee of Results. We do not warrant that the Service will meet your requirements, be uninterrupted, secure, or error‑free, or that outputs will be accurate or reliable.

15. Limitation of Liability

15.1 Indirect Damages. To the fullest extent permitted by law, neither DreamLayers nor its affiliates, suppliers, or licensors will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Service.

15.2 Cap. Our total aggregate liability for all claims arising out of or relating to the Service or these Terms shall not exceed the greater of (a) amounts you paid to us for the Service in the 12 months before the claim or (b) EUR 50.

15.3 Consumer Rights. Some jurisdictions do not allow disclaimers or limitations; in those cases, the above limitations apply to the maximum extent permitted.

16. Indemnification

You agree to defend, indemnify, and hold harmless DreamLayers and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to: (a) your User Content; (b) your use/misuse of the Service; (c) your breach of these Terms; or (d) your violation of any law or third‑party right.

17. Export Controls & Sanctions

You represent you are not located in, under control of, or a national/resident of any country or entity subject to embargoes or sanctions, and you will not use the Service in violation of export control or sanctions laws.

18. Government & Enterprise Users

18.1 Enterprise. If you are an enterprise customer, separate commercial terms may apply. In case of conflict, the enterprise agreement controls.

18.2 Public Sector. If you are a public sector entity, your use is subject to applicable procurement rules; you represent you have obtained necessary approvals to accept these Terms.

19. Dispute Resolution, Governing Law & Venue

19.1 Governing Law. These Terms are governed by the laws of France, without regard to conflict‑of‑law principles, and subject to consumer protection rules that may apply in your country of residence.

19.2 Jurisdiction. The courts of Paris, France shall have exclusive jurisdiction, except where mandatory consumer venue rules apply.

19.3 Informal Resolution. Before filing a claim, you agree to first email legal@dreamlayers.io with a detailed description so we can try to resolve informally within 30 days.

19.4 EU Online Dispute Resolution (ODR). If you are an EU consumer, you may access the ODR platform at https://ec.europa.eu/odr. We are not obliged to and do not commit to use ADR unless required by law.

19.5 Injunctions. Nothing prevents either party from seeking urgent injunctive or equitable relief.

20. Miscellaneous

20.1 Entire Agreement. These Terms, plus the Privacy Policy and in‑app purchase terms, are the entire agreement between you and us regarding the Service.

20.2 Severability. If any provision is unenforceable, the remaining provisions remain in effect.

20.3 No Waiver. Failure to enforce a provision is not a waiver of the right to do so later.

20.4 Assignment. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or asset sale.

20.5 Force Majeure. We are not liable for delays or failures due to causes beyond our reasonable control.

20.6 Notices. We may send notices via email, in‑app messages, or by posting to our website. You consent to receive electronic communications.

20.7 Language. These Terms may be provided in multiple languages. In case of conflict, the French version (if provided) will prevail for users in France; otherwise, the English version controls.

22. Feature‑Specific Annex (Informative; may evolve)

A. Core features. Dream recording (voice/text), transcription, AI dream analysis (themes, sentiment, intensity, summary), guided conversational capture, bedtime story generation, and text‑to‑speech audio. Guided mode may require sufficient content and can end early.

B. Usage limits. Free tier and paid tier usage and rate limits are disclosed in‑app and may be adjusted prospectively. Features or limits may differ by platform or region.

C. Third‑party processors (categories).

• AI inference & generation: model providers (e.g., OpenAI)
• Transcription: speech‑to‑text providers (e.g., Deepgram)
• Text‑to‑speech: TTS providers (e.g., ElevenLabs)
• Backend & storage: managed database/hosting (e.g., Supabase)

Exact vendors and data flows are described in the Privacy Policy.

D. Health disclaimer. AI interpretations are speculative, non‑diagnostic, and for wellness only; they may be incomplete or inaccurate and should not be relied on for medical or psychological decisions.

E. Content rules. Prohibited uses include illegal content; harassment; hate or violence; exploitation of minors; self‑harm promotion; privacy violations; and misuse of AI outputs to cause harm.