Terms of Service

These terms are the agreement between you and EverLull when you use our app, create an account, subscribe to Plus, chat with the Lull AI companion, or license our sounds. We’ve kept them readable on purpose — but they include important limits on our liability and, in Section 17, an agreement to resolve disputes by arbitration.

01Accepting these terms

By using EverLull, you agree to these Terms and to our Privacy Policy. If you don’t agree, please don’t use the service. If you’re using EverLull on behalf of an organization (such as a school), you confirm you’re authorized to accept these terms for it.

02Who may use EverLull

You may use EverLull’s general features (sounds, mixer, timers, stories, Classroom scenes) if you are old enough to do so under the law where you live. To create an account or subscribe, you must be at least 13 years old (or the minimum age of digital consent in your country). The Lull AI companion is for adults only — you must be 18 or older to use it. EverLull is not directed to children under 13, and Classroom mode is intended to be operated by a teacher, not used to collect information from students.

03Your account

You can use the free tier without an account. If you create one (including by signing in with Google), you’re responsible for keeping your login secure and for activity under your account. Provide accurate information, don’t share your credentials, and tell us promptly at hello@everlull.com if you suspect unauthorized use. You can delete your account at any time from the Account card on everlull.com (“Delete my account”) or by emailing privacy@everlull.com.

04The service

EverLull generates sleep and focus sounds on your device, with a mixer, a sleep timer, tuned-frequency layers, synthesized music, narrated stories, a Classroom mode, and an optional Lull AI companion. The core sound features are available at no cost. We may add, change, or remove features over time to improve the service.

05Plus subscriptions

EverLull Plus unlocks premium sounds, premium music, unlimited saved mixes, and other features. Plus is offered on a recurring subscription:

• Monthly — US$4.99 per month, or
• Yearly — US$29.99 per year.

Subscriptions renew automatically at the end of each billing period at the then-current price, using your saved payment method, until you cancel. Prices are in US dollars and may exclude taxes, which are added where required. We’ll give you reasonable notice before any price change takes effect.

06Free trial

Plus includes a 7-day free trial for new subscribers. If you don’t cancel before the trial ends, it converts to a paid subscription and your payment method is charged for the first period. You can cancel any time during the trial at no charge.

07Cancellation & refunds

You can cancel any time; your Plus features remain active until the end of the period you’ve already paid for, and you won’t be charged again. Except where the law requires otherwise, payments are non-refundable and we don’t provide partial refunds for unused time. If you subscribed through the Apple App Store or Google Play, cancellations and refunds are handled under those stores’ rules.

08The Lull AI companion

Lull is an optional, AI-powered companion for gentle reflection and wind-downs. By using it you understand and agree that:

• Replies are generated by AI and may be wrong. Lull can produce inaccurate, incomplete, or unexpected responses. It is not professional, medical, mental-health, legal, or financial advice, and you should not rely on it for important decisions.
• It is not crisis or emergency support. If you are in danger or thinking of harming yourself, contact your local emergency services or a crisis line. Lull cannot help in an emergency.
• Your messages are sent to a third-party AI provider (AIPersonaBuddy) to generate replies, as described in our Privacy Policy. You agree not to submit sensitive personal information, and not to submit anyone else’s personal information, through Lull.
• It’s for adults. You must be 18 or older to use Lull’s AI chat.
• You can turn Lull AI off, stop conversation memory, or delete your Lull data at any time in Lull’s settings.

09Your content

“Your content” means anything you create or submit in EverLull — saved mixes, journal entries, shared rooms, and the messages you send to Lull. You keep ownership of your content. You grant us a limited, non-exclusive license to store, process, and transmit it only as needed to operate the features you use — for example, saving your mixes, syncing your account, and sending your Lull messages to our AI provider to generate a reply. You’re responsible for your content and confirm you have the right to submit it, that it doesn’t infringe others’ rights or the law, and that it doesn’t contain other people’s personal or sensitive information. We may remove content that violates these terms.

10Sound licensing

Separate from the app, EverLull offers loop packs and full-length tracks for licensing. When you buy a license, you may use those audio files in your own projects (such as videos, apps, or meditation content) under the specific license terms provided at purchase. Unless your license says otherwise:

• You may not resell or redistribute the audio files themselves as standalone audio, sound packs, or NFTs.
• You may not claim the compositions as your own or register them with a content-ID or royalty-collection system.
• The license is non-exclusive — others may license the same sounds.

Because our audio is original and owned by EverLull, licensed sounds carry no third-party copyright claims.

11Our intellectual property

EverLull’s name, logo, website, software, sound-synthesis engine, the Lull character, and original compositions are owned by us and protected by intellectual-property law. Using the app doesn’t transfer any of these rights to you except the limited right to use the service, and any separate license you purchase. The classical compositions we perform (by Satie, Bach, Beethoven, Pachelbel, and traditional works) are in the public domain; our synthesized performances of them are ours.

12Acceptable use

When using EverLull, please don’t:

• copy, decompile, or reverse-engineer the app except where the law allows it;
• resell, sublicense, or commercially redistribute the service or its audio without a license;
• use the service, or the Lull AI companion, to break the law, harass anyone, or infringe anyone’s rights;
• submit others’ personal information, or attempt to extract personal data, through Lull;
• interfere with, overload, scrape, or attempt to gain unauthorized access to our systems or our AI provider;
• circumvent paywalls, entitlement checks, or usage limits.

13Health disclaimer

EverLull supports rest and relaxation and is not intended to diagnose, treat, cure, or prevent any disease or condition. Binaural beats and tuned frequencies are provided for general wellbeing; scientific evidence for such techniques is still developing, and results vary from person to person. Binaural beats require headphones and are not recommended for people with epilepsy or who are pregnant without consulting a doctor. Do not listen while driving or operating machinery, and never at a volume that could harm your hearing. If you experience discomfort, stop and consult a professional.

14Warranties & liability

EverLull, including the Lull AI companion, is provided “as is” and “as available,” without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We don’t guarantee that the service will be uninterrupted, error-free, accurate, or that it will improve your sleep.

To the maximum extent permitted by law, EverLull and its operators won’t be liable for any indirect, incidental, special, consequential, or punitive damages, or for any reliance on AI-generated content, arising from your use of the service. Where liability can’t be excluded, our total liability for any claim is limited to the greater of the amount you paid us in the twelve months before the claim, or US$50. Nothing in these terms limits rights or liability that can’t be limited under the law that applies to you (including, where applicable, liability for death or personal injury caused by negligence).

15Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless EverLull and its operator from claims, damages, losses, and reasonable costs (including legal fees) arising out of your misuse of the service, your violation of these terms or the law, or content you submit — including information you enter into the Lull AI companion.

16App Store terms

If you use EverLull through the Apple App Store or Google Play, your use is also subject to that store’s terms. For Apple: these Terms are between you and EverLull, not Apple; Apple is not responsible for the app or its support, and is a third-party beneficiary entitled to enforce these Terms. Store-specific rules govern purchases, renewals, and refunds made through the store.

17Disputes & arbitration

Please read this section carefully — it affects how disputes are resolved and limits how you can bring a claim.

Most concerns can be resolved quickly. Please first contact us at hello@everlull.com and give us 30 days to try to resolve it informally.

If we can’t, you and EverLull agree that any dispute arising out of or relating to these Terms or the service will be resolved by final and binding individual arbitration, rather than in court, except that either party may bring a claim in small-claims court, or seek injunctive relief for intellectual-property or unauthorized-access matters. Arbitration will be conducted in the State of California (or your county of residence, if you prefer) under the rules of a recognized arbitration provider.

Class-action waiver. You and EverLull agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding.

Your right to opt out. You can opt out of this arbitration agreement and class-action waiver by emailing hello@everlull.com with the subject “Arbitration Opt-Out” within 30 days of first accepting these Terms; opting out won’t affect any other part of these Terms. This section applies only to the extent permitted by the law that applies to you; if you’re a consumer in a jurisdiction where mandatory arbitration or class-action waivers are unenforceable, they don’t apply to you.

18Termination

You can stop using EverLull any time. We may suspend or end your access if you materially breach these terms or use the service in a way that harms it or others. If we do, sections that by their nature should survive (such as intellectual property, disclaimers, liability, indemnification, and dispute resolution) will continue to apply.

19Governing law

These terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules. Subject to Section 17, any disputes not subject to arbitration will be handled by the courts of the State of California, United States, unless mandatory consumer-protection law in your country of residence provides otherwise. We may update these terms from time to time; we’ll change the date above and, for material changes, note it in the app. Continued use after an update means you accept the revised terms.

20Contact

Questions about these terms? Email hello@everlull.com.