Terms Of Use

NIGHT MIXER — TERMS OF USE

Last updated: March 17, 2026

1. Acceptance of Terms
By downloading, installing, or using Night Mixer ("the App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the App. We reserve the right to modify these Terms at any time. Continued use of the App after changes constitutes acceptance of the revised Terms.

2. Eligibility
You must be at least 13 years of age to use the App. If you are under 18, you confirm that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.

3. Description of Service
Night Mixer is a relaxation and ambient sound mixer app designed to help users create personalized soundscapes for sleep, relaxation, and focus. The App is not a medical device and does not provide medical services.

4. Subscription & Payment

a) Free Trial:

Night Mixer offers a 3-day free trial. During the trial period, you have access to all features of the App at no charge. At the end of the trial period, access will be restricted unless you choose to subscribe. No payment is required to start the trial, and you will not be charged unless you actively select a subscription plan.

b) Subscription Plans: 

Monthly subscription at  3.99/month,

or yearly subscription at 19.99/year. Prices may vary by region and are subject to change.

c) Auto-Renewal: Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the same price.

d) Payment: All payments are processed through the Apple App Store or Google Play Store. Night Mixer does not directly collect or store payment information.

e) Cancellation: You may cancel your subscription at any time through your device's subscription settings (Apple: Settings > Apple ID > Subscriptions; Android: Google Play Store > Subscriptions). Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused portions of a billing period.

f) Refunds: Refund requests are subject to the refund policies of the Apple App Store or Google Play Store. Please contact the respective store for refund inquiries.

5. Intellectual Property
All content in the App — including but not limited to sounds, music, graphics, logos, icons, user interface design, and software — is the property of Night Mixer or its licensors and is protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes only.

You may not copy, modify, distribute, sell, lease, reverse-engineer, or create derivative works from any content in the App.

6. Acceptable Use
You agree not to:

• Redistribute, record, or commercially exploit any sounds or content from the App

• Circumvent, disable, or interfere with any payment, security, or digital rights management features

• Use the App for any unlawful purpose

• Attempt to gain unauthorized access to the App's systems or infrastructure

7. Health & Wellness Disclaimer

a) Not Medical Advice: The App is designed for general wellness and relaxation purposes only. It does not diagnose, treat, cure, or prevent any disease, medical condition, or sleep disorder.

b) No Substitute for Professional Care: The App is not a substitute for professional medical advice, diagnosis, or treatment. If you have concerns about your sleep or health, consult a qualified healthcare provider. Do not disregard professional medical advice or delay seeking treatment because of the App.

c) No Guarantee of Results: Night Mixer does not guarantee that the App will improve your sleep quality or produce any specific outcome. Individual results may vary.

8. Limitation of Liability
To the fullest extent permitted by applicable law, Night Mixer shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, revenue, profits, goodwill, or any health-related outcomes, arising out of or in connection with your use of the App.

9. Warranty Disclaimer
The App is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory. Night Mixer disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted or error-free.

10. Content Availability
Night Mixer reserves the right to modify, add, or remove sounds and features from the App at any time without prior notice. We do not guarantee the perpetual availability of any specific sound or feature.

11. Termination
We reserve the right to suspend or terminate your access to the App at any time, without notice, for conduct that we determine violates these Terms or is otherwise harmful to other users, us, or third parties. Upon termination, your license to use the App is immediately revoked. Any active subscriptions at the time of termination due to your breach will not be refunded.

12. Indemnification
You agree to indemnify, defend, and hold harmless Night Mixer and its officers, directors, employees, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your use of the App or your violation of these Terms.

13. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. For any disputes arising under these Terms, the courts of Nord-rhine-westfalia shall have jurisdiction, without prejudice to the mandatory consumer protection provisions of the country in which you reside.

14. Apple & Google Third-Party Beneficiary
You acknowledge that these Terms are between you and Night Mixer only, and not with Apple Inc. or Google LLC. However, Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce these Terms against you. Night Mixer, not Apple or Google, is solely responsible for the App and its content.

15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Night Mixer regarding the use of the App and supersede all prior agreements and understandings.

17. Contact Us
If you have any questions about these Terms, please contact us at: terms@esociate.it.com

Legal Notice:

ESOciate - Eser Kayali

support@esociate.it.com

Im Südfeld 32
45897 Gelsenkirchen