Terms of Use

These Terms of Use (“Terms”) are an agreement between you and Imageek (“we”, “us”, “our”), the operator of the Tinnit mobile app, the tinnit.app website, and related content and services (together, the “Services”).

By downloading, installing or using the Services, you agree to these Terms and confirm that you have read our Privacy Policy. If you do not agree, do not use the Services.

Please read sections 3 and 4 (health and listening safety) and sections 12–14 (disclaimers and limits of our liability) carefully. They affect your rights.

1. What Tinnit is

Tinnit is a general wellness app for people who live with tinnitus. It lets you match a tone to the sound you hear by ear, set your own listening levels, and listen to sounds shaped around those settings, with optional reminders, a self-report questionnaire, progress tracking and an education library. Some features are free; others require a paid subscription, Tinnit Premium (section 7).

To use the app you need a compatible iPhone or Android device running a version of the operating system the app supports, and an internet connection to download sounds, articles and updates and to make purchases. Headphones are recommended for some features but not required.

2. Who can use Tinnit

You must be at least 13 years old to use the Services. If you are under 18 (or under the age of majority where you live), you may use the Services only with the permission of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the Services.

You may not use the Services if you are barred from doing so by applicable law, or if you are located in, or ordinarily resident in, a country or region subject to comprehensive EU, UN or US sanctions, or are on a government list of restricted persons.

3. Not a medical device — no medical advice

Tinnit is not a medical device and does not provide medical care. It is not intended to diagnose, treat, cure, mitigate, prevent or monitor tinnitus, hearing loss or any other disease or condition, and it has not been evaluated or approved by any medicines or medical device regulator.

In particular:

• Nothing in the Services is medical advice. The app, its sounds, articles, questionnaire, reminders and any other content are provided for general information and wellness purposes only. They do not replace advice, examination, diagnosis or treatment by a doctor, audiologist or other qualified health professional.
• The app does not test your hearing. Pitch matching is a comparison you make by ear. Loudness, Blend and Cover levels are positions on the app’s own scale that depend on your device, volume setting, headphones and surroundings — they are not calibrated sound levels and are not comparable with clinical measurements. The Tinnitus Handicap Inventory (THI) is a published self-report questionnaire about how much tinnitus bothers you; your score is not an assessment of your health.
• No results are promised. Tinnitus is different for everyone, there is no known cure, and sound-based approaches do not help everyone. We do not promise that the Services will reduce, relieve, improve or otherwise change your tinnitus, your hearing or how you feel. Descriptions of sound-therapy approaches (such as masking, sound enrichment inspired by Tinnitus Retraining Therapy, or notched sound) describe what the app plays, not an outcome.
• No professional relationship. Using the Services, or contacting us, does not create a doctor–patient, audiologist–client or any other healthcare relationship.
• Talk to a professional. Consult a doctor or hearing professional before relying on the Services, before making any decision about your health, and before you start, stop or change any treatment. Never disregard professional advice, or delay seeking it, because of something in the Services.
• See a doctor promptly if your tinnitus beats in time with your pulse, is in one ear only, starts suddenly or changes suddenly, or comes with hearing loss, dizziness or balance problems, ear pain or discharge, facial weakness, or follows a head injury. Sudden hearing loss is a medical emergency — seek care the same day.
• Not for emergencies or crises. The Services are not monitored and cannot respond to a medical emergency. If you are in danger, or if tinnitus is making you feel hopeless or think about harming yourself, contact your local emergency number or a crisis line immediately.

4. Listening safety

The Services play tones, noise and music at a level that you control through your device’s volume and the app’s settings. We have no control over your device, headphones, volume or surroundings. To protect your hearing and your safety, you agree to:

• keep the volume low and comfortable — at or below the level of your tinnitus when setting levels, and never loud enough to cause discomfort, pain or a sense of fullness in your ears. Always lower your device volume before connecting headphones or starting playback;
• stop immediately and seek medical advice if listening causes pain, discomfort, dizziness, headache, or makes your tinnitus louder or different, and if any of these persists after you stop;
• take extra care and speak to a professional before use if you have sound sensitivity (hyperacusis or misophonia), an ear infection, ear surgery, a perforated eardrum, Ménière’s disease or any other ear condition;
• not use the Services where you need to hear your surroundings — for example while driving, cycling, operating machinery, crossing roads, or caring for someone who may need you — and not use them in a way that stops you hearing alarms or warnings;
• be careful when sleeping with sound on — use low volume and, where possible, a speaker or sleep-safe headphones rather than in-ear headphones;
• take care with the visualizers if you have photosensitive epilepsy or are sensitive to moving or flashing images, and stop if you feel unwell;
• supervise any child who is near the device while sound is playing.

Prolonged exposure to loud sound can permanently damage hearing and worsen tinnitus. You are responsible for choosing a safe volume, listening time and situation.

5. Your licence to use the Services

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the app on devices you own or control, and to use the rest of the Services, for your own personal, non-commercial purposes. If you downloaded the app from the Apple App Store or Google Play, this licence is also subject to that store’s usage rules.

6. Acceptable use

You agree not to:

• copy, modify, distribute, sell, rent, sublicense or publicly perform the app or any of its content, including extracting, recording or redistributing its audio tracks, soundscapes, artwork or articles;
• decompile, reverse engineer, disassemble or try to derive the source code of the app, except to the extent the law expressly permits this despite this restriction;
• bypass, disable or interfere with subscription checks, content protection, app attestation or other security features, or obtain paid features without paying for them;
• access our servers, databases or storage except through the app as provided, send them automated, excessive or fake requests, or introduce malware;
• use the Services for any unlawful, harmful or fraudulent purpose, or in a way that infringes anyone’s rights;
• use the Services or their content to build or train a competing product or any machine-learning model;
• represent the Services, or anything they produce, as medical advice, a medical device or a clinical result, including when providing services to others.

7. Tinnit Premium subscriptions

7.1 Purchase. Tinnit Premium is an auto-renewing subscription sold through the Apple App Store or Google Play (the “Store”). The subscription periods, price, currency, any free trial, and the features included are shown in the app before you buy. Payment is taken by the Store, and the Store’s terms apply to the payment. Prices may include or exclude taxes depending on your country.

7.2 Automatic renewal. Your subscription renews automatically at the end of each period for the same length and at the then-current price, and your Store account is charged, unless you cancel at least 24 hours before the end of the current period.

7.3 Free trials. If a free trial is offered and you start one, your subscription begins at the end of the trial and you will be charged then unless you cancel at least 24 hours before the trial ends. Trials are generally available once per person or Store account.

7.4 Cancelling. Deleting the app does not cancel your subscription. Cancel in your Store account settings (on iPhone: Settings → [your name] → Subscriptions; on Android: Google Play → Payments & subscriptions → Subscriptions). After you cancel, Premium stays active until the end of the period you have paid for. If you cancel during a free trial, the trial may end immediately, depending on the Store.

7.5 Refunds. Payments are processed by the Store, so refund requests must be made to Apple or Google under their refund policies; we cannot issue refunds for Store purchases ourselves. Except where a refund is required by law or granted by the Store, payments are non-refundable and there are no refunds or credits for partly used periods.

7.6 Right of withdrawal (EU/UK consumers). If the law gives you a right to withdraw from a contract for digital content or digital services within 14 days, you can exercise it through the Store’s refund process or by telling us. By starting your subscription you ask for Premium to be supplied immediately. Where the law provides for this, you acknowledge that you therefore lose your right of withdrawal once supply begins, or that, if you withdraw, you may be charged a proportionate amount for the period in which Premium was supplied.

7.7 Price changes. We may change subscription prices. The Store will tell you in advance, and where required by law or by the Store, will ask for your consent before a higher price applies to your subscription. If you do not agree, you can cancel before the new price takes effect.

7.8 Restoring purchases. Use Restore Purchases in the app to restore an active subscription on a new or reinstalled device signed in to the same Store account. Your subscription status is confirmed through the Store and our subscription provider; if they cannot be reached, Premium features may be temporarily unavailable or may take time to appear.

7.9 What Premium includes. The features included in Premium are those described in the app at the time you buy or renew. We may add to them. If we remove or substantially reduce a Premium feature during a period you have paid for, and that change is to your disadvantage in a way that is not minor, you will have the rights the law gives you, which may include cancelling or a proportionate price reduction.

8. Changes to the Services and to content

The Services are developed continuously. We may add, change or remove features, sounds, soundscapes, visualizers, articles and other content, and change which features are free and which require Premium, for reasons such as licensing, safety, legal requirements, technical changes, or improving the app. We may also suspend or discontinue the Services, in whole or in part. Where a change significantly affects a Premium subscription you have paid for, section 7.9 applies, and if we discontinue Tinnit Premium we will stop further renewals.

Sounds, articles and configuration are downloaded from our servers. We try to keep the Services available but do not guarantee that they will always be available, uninterrupted, compatible with every device, or free of errors.

9. Your data on your device

Tinnit has no user accounts. Your therapy profiles, questionnaire results, listening history and settings are stored only on your device and are not backed up by us. If you delete the app, reset or lose your device, or move to a new device, that data may be lost permanently, and we cannot recover it. You can make your own copy at any time with Settings → Data & Privacy → Export Local Data, and you are responsible for keeping any copies you want. Subscription status is not affected, because it is restored through your Store account.

10. Optional research data sharing

Sharing your health data for research is optional, off until you turn it on, and can be turned off at any time, as described in our Privacy Policy. Sharing does not make you a participant in a clinical trial, does not entitle you to any payment, compensation or ownership interest in any research or result, and does not mean that we or anyone else will review your data, contact you, or give you individual results or advice.

11. Intellectual property and feedback

The Services and all content in them — including software, audio tracks and soundscapes, artwork, visualizers, text, articles, the Tinnit name and logo — are owned by us or our licensors and are protected by copyright, trademark and other laws. Except for the licence in section 5, you receive no rights in them. Descriptions of published sound-therapy methods credit their originators and do not claim ownership of those methods.

If you send us ideas, suggestions or other feedback, you allow us to use them freely, without any obligation or payment to you. Please do not send us anything you consider confidential.

12. Third-party services and links

The Services rely on third-party services — including the Stores, Google Firebase, RevenueCat and Cloudflare — and the education library and website may link to third-party websites and resources. We are not responsible for third-party services, websites or content, or for their availability, accuracy or practices; your use of them is governed by their own terms and policies. A link is not an endorsement.

13. Disclaimer of warranties

To the fullest extent permitted by law, the Services are provided “as is” and “as available”. We make no warranties or representations, express or implied, including any warranty of merchantability, fitness for a particular purpose, accuracy, non-infringement, or that the Services will produce any particular health, therapeutic or other result, meet your requirements, or be uninterrupted, secure or error-free. The information in the Services, including the education library, is general, may not apply to your situation, and may not always be complete or up to date.

If you are a consumer, this section does not affect your statutory rights, including your rights if digital content or a digital service we supply does not conform to the contract. Those rights cannot be excluded, and nothing in these Terms is intended to exclude them.

14. Limitation of liability

14.1 To the fullest extent permitted by law, we (and our owners, contractors, licensors and service providers) will not be liable for:

• any indirect, incidental, special, consequential, exemplary or punitive loss or damage;
• loss of profits, revenue, data (including data stored on your device), goodwill or opportunity;
• any loss or harm resulting from your reliance on the Services instead of professional medical advice, from delay in seeking medical care, or from using the Services contrary to sections 3, 4 or 6;
• any loss or harm caused by your device, headphones, volume settings or surroundings, by third-party services, or by events beyond our reasonable control (such as network or power failures, Store outages, acts of authorities, epidemics, war or natural disasters).

14.2 To the fullest extent permitted by law, our total liability to you for all claims arising out of or relating to the Services or these Terms is limited to the greater of (a) the amount you paid for Tinnit Premium in the 12 months before the event giving rise to the claim, and (b) 200 Polish złoty (PLN 200).

14.3 What we do not limit. Nothing in these Terms excludes or limits our liability for damage caused intentionally or through gross negligence, for death or personal injury caused by our negligence, for fraud, under mandatory product-liability law, or for anything else that cannot be excluded or limited by law — including the statutory rights of consumers. Where the law of your country does not allow a particular exclusion or limitation, it applies to you only to the extent that law allows.

15. Indemnity

To the extent permitted by law, you agree to indemnify us against claims, losses, liabilities and reasonable costs (including reasonable legal fees) brought by a third party and arising from your breach of these Terms, your misuse of the Services, or your violation of any law or the rights of others. This section does not apply to the extent the loss was caused by us, and does not apply to consumers where the law does not allow it.

16. Suspension and termination

You may stop using the Services at any time by deleting the app; remember to cancel any subscription separately (section 7.4).

We may suspend or end your access to the Services, or to Premium features, if you materially or repeatedly breach these Terms, use the Services fraudulently or unlawfully, or if we are required to by law. Where reasonable, we will tell you why and give you an opportunity to respond, unless doing so would be unlawful or would compromise security or an investigation.

Sections that by their nature should survive termination — including sections 3, 9, 11 and 13–19 — survive.

17. Complaints

If something in the Services is not working as it should, or you are unhappy with them, email contact@tinnit.app with a description of the problem, your app version and device, and what you would like us to do. We will reply within 14 days. Complaints about payments, charges or refunds for Store purchases should be sent to Apple or Google, which handle payments.

If you are a consumer, you may also use out-of-court complaint and redress procedures available to you, such as the consumer ombudsman (rzecznik konsumentów) or trade inspection (Inspekcja Handlowa) in Poland, or the consumer protection body or dispute-resolution scheme in your country.

18. Governing law and disputes

These Terms, and any dispute or claim arising out of or in connection with them or the Services (including non-contractual disputes), are governed by the law of Poland, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.

If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of the country where you habitually reside, and you may bring proceedings in the courts that are competent under the law that protects you, including the courts of your country of residence.

If you are not a consumer, the courts of Poland competent for our place of business have exclusive jurisdiction.

To the extent permitted by law, disputes will be resolved on an individual basis, and you agree not to bring or participate in a class or representative action against us.

Before starting any proceedings, please contact us first (section 17) so we can try to resolve the problem informally. This does not prevent you from exercising any right the law gives you.

19. Additional terms for Apple and Google stores

If you obtained the app from the Apple App Store:

• These Terms are between you and us only, not Apple. We, not Apple, are solely responsible for the app and its content.
• Your licence is limited to using the app on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you via Family Sharing or volume purchasing, if enabled.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app; any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility, to the extent not effectively disclaimed under these Terms.
• We, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including (i) product liability claims, (ii) claims that the app fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy or similar legislation.
• If a third party claims that the app or your possession and use of it infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
• You represent that you are not located in a country subject to a US Government embargo or designated by the US Government as a “terrorist supporting” country, and that you are not listed on any US Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms of agreement when using the app.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
• Questions, complaints or claims about the app should be sent to us at the contact details in section 21.

If you obtained the app from Google Play, the Google Play Terms of Service also apply to your download and purchases. Google is not responsible for the app and is not a party to these Terms.

If these Terms conflict with a Store’s mandatory terms, the Store’s terms prevail to the extent of the conflict.

20. General

• Changes to these Terms. We may change these Terms to reflect changes to the Services, our business, the Stores’ rules, or the law, or to improve clarity or safety. We will post the new version here with a new effective date. If a change is material, we will tell you in the app or on this page at least 14 days before it takes effect, unless a shorter period is required by law or for safety reasons. If you do not agree, you can stop using the Services and cancel your subscription before the change applies. Continuing to use the Services after the change takes effect means you accept it.
• Transfer. We may transfer our rights and obligations under these Terms to a company we form or to a successor to the business operating Tinnit, provided that this does not reduce your rights. We will tell you if this happens. You may not transfer your rights or obligations without our written consent.
• Severability. If any part of these Terms is found invalid or unenforceable, the rest remains in force, and the affected part will be applied to the maximum extent permitted by law.
• No waiver. If we do not enforce a right immediately, we have not waived it.
• Entire agreement. These Terms, together with our Privacy Policy and any terms shown to you at the point of purchase, are the entire agreement between you and us about the Services.
• Language. These Terms are written in English. If we provide a translation, the English version prevails to the extent permitted by law.
• Pre-release versions. Test or beta versions may be incomplete, unstable or discontinued at any time, and are provided without any commitment.

21. Contact

Imageek — operator of Tinnit
Email: contact@tinnit.app