Terms of Use

Japanese version prevails

This document is provided in Japanese and English. In case of any discrepancy between the Japanese and English versions, the Japanese version shall prevail.

Article 1 Scope

  1. These Terms of Use apply to all relationships concerning the use of the smartphone application “Shuffleep” (hereinafter “the Service”) provided by TO Apps (hereinafter “the Operator”). The Operator’s name, address, and other business information are stated in the Notice Based on the Act on Specified Commercial Transactions (available in Japanese only).
  2. These Terms constitute standard terms of contract (teikei yakkan) as defined in Article 548-2 of the Civil Code of Japan. By performing the consent action on the consent screen displayed at first launch of the Service, the User agrees to all provisions of these Terms, and these Terms become the content of the usage agreement. Users who do not agree to these Terms may not use the Service.
  3. These Terms serve as a supplementary agreement to the Apple Standard EULA (End User License Agreement). In the event of any conflict between a mandatory provision of the Apple Standard EULA and these Terms, the Apple Standard EULA shall prevail solely with respect to that mandatory provision. However, the governing law and jurisdiction are as set out in Article 14.
  4. For the Android version of the Service, these Terms also serve as the end user license agreement between the User and the Operator.

Article 2 Description of the Service

  1. The Service is an application that provides sleep-induction sessions centered on the Cognitive Shuffle Sleep Method. Sessions can be configured by optionally combining “Meditation (introduction)” and “Word Shuffle (core feature).”
  2. The features of the Service are classified into Free features, which are available without additional charge, and Premium features, which are available through a subscription. The scope of features included in each is as displayed within the application, and the Operator may change it.
  3. Use of Premium features requires a separate subscription.

Article 3 Account / User Identification

  1. The Service identifies Users through their Apple ID (on iOS) or Google Play account (on Android). The Service does not issue its own login IDs or passwords.
  2. User identification uses the anonymous customer ID automatically generated by RevenueCat. Personally identifiable information such as names and email addresses is not stored within the application. Where the Operator obtains personal information through inquiries or similar channels, such information is handled in accordance with the Privacy Policy.
  3. Users are responsible for managing their own Apple ID / Google Play accounts. The Operator is not liable for any damages arising from unauthorized use of an account.

Article 4 Use by Minors

  1. If a User is a minor, the User shall obtain the prior consent of a legal representative (such as a person with parental authority) before using the Service, including before subscribing.
  2. If a minor uses the Service, the consent of a legal representative is deemed to have been obtained.
  3. The Operator does not perform age verification. For devices that may be used by minors, the Operator recommends restricting in-app purchases using parental control features such as Apple “Screen Time” or Google “Family Link.”

Article 5 Subscription / Billing

  1. To use Premium features, Users must subscribe to either the monthly plan or the annual plan. At present, both plans grant the same features.
  2. No free trial period is offered. Billing starts as soon as the subscription is confirmed.
  3. The sale price is the one shown during the purchase flow and on the Apple App Store / Google Play store listing. Prices for Japan are stated in the Notice Based on the Act on Specified Commercial Transactions (available in Japanese only).
  4. Fees are charged automatically at the following timing.
    • iOS: Automatically charged through the App Store subscription system using the payment method linked to the User’s Apple ID.
    • Android: Automatically charged through the Google Play subscription system using the payment method linked to the User’s Google Play account.
  5. Subscriptions renew automatically. If the User does not cancel at least 24 hours before the end of the current billing period, one further month (monthly plan) or one further year (annual plan) will be charged automatically.
  6. How to cancel:
    • iOS: iPhone “Settings” app > Your name (Apple ID) > “Subscriptions” > “Shuffleep Premium” > “Cancel Subscription”
    • Android: Google Play app > Profile icon > “Payments & subscriptions” > “Shuffleep Premium” > “Cancel Subscription”
  7. After cancellation, Premium features remain available until the end of the current billing period. No prorated refunds are provided for mid-period cancellations.
  8. Due to the nature of digital content, refunds are generally not available after purchase. Any exceptions to the refund policy are subject to the policies of Apple Inc. or Google LLC.
  9. The Operator may revise the fees for the Service. Any revision will be applied from the billing period beginning on or after the first renewal date following prior notice given in accordance with the procedures prescribed by the Apple App Store or Google Play. Users who do not agree to the revised price should cancel before that renewal date.

Article 6 Prohibited Conduct

  1. Users must not engage in any of the following acts when using the Service.
    1. Reverse engineering, decompiling, or disassembling the Service’s source code, audio data, word data, narration scripts, or other materials
    2. Unauthorized copying, redistribution, sale, or commercial use of audio data, word data, or other materials
    3. Mass access to the Service using automated tools, scripts, crawlers, or similar means that impose excessive load on servers
    4. Providing false purchase or subscription information, or obtaining such information through fraudulent means
    5. Providing information obtained through the Service to third parties (except as required by law)
    6. Infringing on the rights of other Users or engaging in acts contrary to public order and morality
    7. Using, exporting, or re-exporting the Service or the content contained in it in violation of the Foreign Exchange and Foreign Trade Act of Japan, the U.S. Export Administration Regulations, or any other applicable export control laws and regulations
    8. Interfering with the operation of the Service or any other acts that the Operator deems inappropriate
  2. If the Operator determines that a User has engaged in any act falling under any item of the preceding paragraph, the Operator may, without prior notice, request that the act be stopped, suspend the User’s use of the Service, or terminate the usage agreement.
  3. The Operator is not liable for any damages incurred by the User as a result of the measures set out in the preceding paragraph. No refund of fees will be made in connection with such measures.
  4. If a User causes damage to the Operator through an act that violates Paragraph 1 of this Article, the User is liable to compensate for that damage.

Article 7 Intellectual Property Rights

  1. Copyrights, trademark rights, and all other intellectual property rights relating to the programs, word data, audio files, narration scripts, text, images, videos, trademarks, and all other content contained in the Service (hereinafter “the Content”) belong to the Operator or the rightful holders.
  2. Subject to the User’s compliance with these Terms, the Operator grants the User a non-exclusive, non-transferable, and non-sublicensable right to use the Service and the Content solely for private purposes. Users do not acquire ownership or intellectual property rights to the Content and may not use the Content beyond the scope set out in these Terms.
  3. The license set out in the preceding paragraph terminates automatically if the User breaches these Terms or if the usage agreement is terminated.
  4. Information relating to Custom Word Sets (word lists, names, etc.) created by Users within the Service (hereinafter “User Decks”) belongs to the User.
  5. User Decks are stored on the User’s device. The User acknowledges in advance that User Decks may be lost through device replacement, deletion of the application, device reset, or other causes. The Operator is not responsible for the storage, restoration, or migration of User Decks.
  6. Users shall manage the content of their User Decks at their own responsibility and must not register content that infringes the rights of third parties. The Operator does not review the content of User Decks and is not liable for any damages arising from such content.

Article 8 Health and Safety Notices / Disclaimer

  1. The Service is not a medical device or medical practice. It is not intended for the diagnosis, treatment, or prevention of insomnia, sleep disorders, or any other disease.
  2. The effects of the Service vary from person to person, and there is no guarantee that all Users will experience the same results.
  3. The Service is provided for entertainment and wellness purposes to assist with sleep induction. Users experiencing persistent sleep issues are encouraged to consult a healthcare professional.
  4. If a User experiences dizziness, headache, nausea, convulsions, or any other physical abnormality while using the Service, the User should stop using it immediately and consult a healthcare professional as necessary.
  5. The Service displays visuals that involve changes in brightness and motion. In rare cases, a very small number of people may experience adverse physical reactions (including seizure-like symptoms) to such visuals. Users who have previously experienced such symptoms, or who have been told that they are photosensitive, should consult a physician before use. Please use the Service in a well-lit place and at a sufficient distance from the screen.
  6. Never use the Service while driving a car or bicycle, while operating machinery, or in any other situation where becoming drowsy would be dangerous. The Service is designed to promote sleep onset, and using it in such situations may lead to serious accidents. The Operator is not liable for any damages arising from use of the Service in breach of this paragraph.
  7. The Operator does not warrant that the Service will be provided without interruption or error. The Operator is not liable where all or part of the Service becomes unavailable due to the User’s communication environment, device, OS version, or third-party services on which the Service depends.
  8. The Operator performs maintenance of the Service and responds to User inquiries at its own discretion. The Operator does not guarantee any response time, uptime rate, or deadline for fixing defects.
  9. The Operator is not liable where provision of the Service is hindered by natural disasters, epidemics, war, riots, enactment or amendment of laws and regulations, orders or dispositions by public authorities, interruption of services by telecommunications carriers or cloud service providers, or any other cause beyond the Operator’s reasonable control.
  10. Where the Operator is liable to compensate a User for damages arising from use of the Service (including but not limited to physical or mental harm, data loss, or device malfunction), the amount of compensation shall be limited to the amount that the User has actually paid as fees for the Service during the 12 months preceding the occurrence of the damage (for Users who use only Free features, this limit is zero). However, this limitation does not apply in cases of the Operator’s intentional misconduct or gross negligence.
  11. The Operator is not liable for any special damages, lost profits, or indirect damages arising from use of the Service. However, this exclusion does not apply in cases of the Operator’s intentional misconduct or gross negligence.

Article 9 Advertising

  1. Advertisements provided by the Operator or by third parties may be displayed in the Service.
  2. The Operator is not responsible for the content of advertisements or for any transactions between advertisers and Users. Inquiries, purchases, contracts, and other dealings regarding goods or services offered by advertisers are matters between the User and the advertiser.
  3. Information obtained for the delivery and performance measurement of advertisements is handled in accordance with the Privacy Policy.

Article 10 Service Changes / Termination

  1. The availability, features, and design of the Service may change.
  2. The Operator may change the content of the Service, discontinue certain features, or terminate the Service. In such cases, the Operator will endeavor to give at least 30 days’ prior notice within the Service or at a public URL.
  3. Notwithstanding the preceding paragraph, the Operator may suspend or terminate all or part of the Service without prior notice, or without observing the notice period set out in the preceding paragraph, in any of the following cases.
    1. Natural disasters or other events of force majeure
    2. Where maintenance of the Service, response to a failure, or urgent security measures are required
    3. Where a third-party service on which the Service depends, applicable laws and regulations, or app store policies are changed or discontinued
    4. Any other case where the Operator reasonably determines that urgency is required
  4. If the Service is terminated, the Operator will provide reasonable notice to Users. The Operator will endeavor to continue providing the Service until the end of any billing period for which payment has already been received. Where this is not feasible, whether and how refunds are made is subject to the policies of Apple Inc. or Google LLC.

Article 11 Revision of Terms

  1. The Operator may change these Terms without the individual consent of Users, in accordance with Article 548-4 of the Civil Code of Japan, in either of the following cases.
    1. Where the change conforms to the general interests of Users
    2. Where the change does not contradict the purpose of the agreement and is reasonable in light of the necessity of the change, the appropriateness of the changed content, and other relevant circumstances
  2. When making a change under the preceding paragraph, the Operator will publicize the content of the revised Terms and the date on which the change takes effect through in-Service notifications or at a public URL.
  3. The publication under the preceding paragraph will be made at least 30 days before the effective date for changes that are disadvantageous to Users, and by the effective date for other changes.
  4. For material revisions (including changes that significantly affect Users’ rights and obligations), the Operator will require Users to re-consent to these Terms upon first use after the revision.
  5. If the User does not agree to the revised Terms, the User should discontinue use of the Service and cancel the subscription.

Article 12 Severability

  1. Even if any provision of these Terms, or any part of a provision, is held invalid or unenforceable under applicable law, the remaining provisions of these Terms and the remaining part of that provision shall remain in full force and effect.
  2. Any provision or part of a provision held invalid or unenforceable shall be construed and applied, to the extent consistent with the intent of that holding, as the valid content that most closely reflects the original intent of the provision.

Article 13 Assignment of Rights and Obligations

  1. Users may not assign, transfer, or pledge as security all or any part of their contractual status or rights and obligations under these Terms to a third party without the Operator’s prior written consent.
  2. If the Operator transfers the business relating to the Service to a third party (including where the business is succeeded through incorporation, merger, company split, or any other cause), the Operator may transfer to that third party its contractual status, rights and obligations under these Terms, and information relating to Users, in connection with that business transfer. Users agree to this paragraph in advance.

Article 14 Governing Law / Jurisdiction

  1. These Terms are governed by and construed in accordance with the laws of Japan.
  2. Any disputes arising from or relating to the Service shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
  3. The preceding two paragraphs do not apply solely to the extent that mandatory provisions to the contrary under the laws of the country or region where the User has their habitual residence as a consumer apply. Even in such cases, the remainder of the preceding two paragraphs and all other provisions of these Terms remain in effect.

Article 15 Contact Information

For inquiries regarding the Service, please contact the following.