These Terms govern your access to atova.co and the Snore Tracker iOS application (together, the "Services") provided by Atova, Inc.
1. Agreement and eligibility
By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services. You must be legally able to enter into this agreement. If you are under the age of majority where you live, a parent or legal guardian must review and agree to these Terms for you.
2. The Services
Snore Tracker is designed to record and analyze snoring and other sleep sounds and present nightly reports and trends. Features may change as we improve the Services. We may add, modify, suspend, or discontinue features, subject to applicable law and any obligations tied to an active paid subscription.
3. Important health notice
Snore Tracker is a general wellness tool, not a medical device. It does not diagnose, treat, cure, monitor, or prevent any disease or medical condition and is not a substitute for professional medical advice, diagnosis, or treatment. App results may be incomplete or inaccurate due to device placement, background noise, hardware, permissions, or other factors. Do not ignore medical advice or delay seeking care because of information from the Services. If you have concerns about breathing, sleep apnea, or your health, consult a qualified healthcare professional. In an emergency, contact emergency services.
4. Your recordings and responsibilities
You are responsible for how and where you use recording features. Do not record another person without any notice or consent required by law. You represent that you have the rights and permissions needed for content you submit or record through the Services. You retain ownership of your recordings and other content. You grant Atova a limited right to process that content only as needed to operate, support, secure, and improve the Services as described in our Privacy Policy.
5. Subscriptions, billing, and cancellation
Some features may require a paid, automatically renewing subscription offered through Apple's App Store. The price, billing period, trial terms (if any), and included features will be shown before purchase.
- Payment is charged to your Apple account when you confirm the purchase.
- A subscription automatically renews unless you cancel through your Apple account settings at least 24 hours before the end of the current period, subject to Apple's rules.
- Apple manages billing, cancellations, and refunds. Refund eligibility is governed by Apple's policies and applicable law.
- Deleting the app does not cancel a subscription.
- If a free trial is offered, any unused portion may be forfeited when you purchase a subscription where Apple permits.
We may change subscription pricing or features with the notice and consent required by Apple and applicable law. Price changes do not take effect retroactively.
6. Acceptable use
You agree not to misuse the Services, including by attempting unauthorized access; interfering with operation or security; introducing malicious code; reverse engineering except where law expressly permits it; using the Services to violate privacy, recording, intellectual-property, or other laws; impersonating another person; or using the Services for unlawful, harmful, or fraudulent activity.
7. Atova's rights
The Services, including software, design, text, graphics, trademarks, and other Atova-provided content, are owned by Atova or its licensors and protected by law. Subject to these Terms, Atova grants you a personal, limited, non-exclusive, non-transferable, revocable license to use the app for your own non-commercial use on Apple-branded devices you own or control, as permitted by the App Store Usage Rules.
8. Feedback
If you voluntarily send ideas or feedback, you allow Atova to use them without restriction or compensation. This does not give Atova ownership of your recordings or personal content.
9. Third-party services
The Services may rely on or link to third-party services, including Apple. We do not control third-party services, and their terms and privacy policies apply. These Terms are between you and Atova, not Apple. Apple has no obligation to provide maintenance or support for the Services.
10. Disclaimers
To the fullest extent permitted by law, the Services are provided "as is" and "as available." Atova disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or completely accurate. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.
11. Limitation of liability
To the fullest extent permitted by law, Atova and its officers, employees, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or other intangible losses arising from the Services. To the fullest extent permitted by law, Atova's total liability for claims relating to the Services will not exceed the greater of (a) the amount you paid Atova through the App Store for the Services during the 12 months before the claim or (b) $50. These limits do not apply where prohibited by law.
12. Indemnity
To the extent permitted by law, you agree to defend, indemnify, and hold Atova harmless from claims, losses, and expenses arising from your unlawful misuse of the Services, violation of these Terms, or infringement of another person's rights.
13. Governing law and disputes
California law governs these Terms, without regard to conflict-of-law rules. Any dispute not eligible for small-claims court will be brought in the state or federal courts located in Los Angeles County, California, and you and Atova consent to those courts' jurisdiction. Nothing in these Terms limits rights you may have under mandatory consumer-protection law where you live.
14. Termination
You may stop using the Services at any time. We may suspend or terminate access if you materially violate these Terms, create risk or legal exposure, or misuse the Services. Provisions that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, and dispute terms.
15. Changes to these Terms
We may update these Terms as the Services change. We will post updated Terms with a new effective date and provide additional notice when required. Your continued use after an update takes effect means you accept the revised Terms, unless law requires a different form of consent.
16. General terms
If a provision is unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not transfer these Terms without our consent; Atova may transfer them as part of a merger, acquisition, reorganization, or sale of assets. These Terms and the Privacy Policy are the entire agreement between you and Atova about the Services, except for additional terms presented for a specific feature.
17. Contact us
Atova, Inc.
21143 Hawthorne Blvd
Torrance, CA 90503
United States
team@atova.co