Date of Last Revision: September 6, 2025

1. Acceptance of Terms

SMB Studio, LLC ("SMB Studio," "we," "us," or "our") provides the Sleep Orbit mobile application and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, you must not use the Service. We may update these Terms from time to time, and will indicate the date of last revision above. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

Eligibility: The Service is offered to individuals who are at least 13 years old. By using Sleep Orbit, you represent that you are at least 13 and legally capable of agreeing to these Terms. If you are under 18, you may use the Service only with the consent of your parent or guardian. The Service is not intended for children under 13, and we do not knowingly allow such use.

2. Description of the Service

Sleep Orbit is a mobile application available on Android and iOS that allows users to generate, mix, and listen to relaxing 3D soundscapes. The Service provides a library of high-quality sounds (e.g. nature, white noise, music, etc.) and tools to arrange them into personalized "orbits" around the listener's head for an immersive audio experience. Users can create layered mixes of multiple sounds, control audio direction, save custom mixes, and use features like timers for sleep. In some cases, users may import their own audio files into the app to include in their mixes. All content and features of the Service are provided for personal, non-commercial use to help with relaxation, sleep, meditation and related wellness purposes.

3. Accounts and Registration

You may be required to create an account or provide certain information (such as your name and email address) to access certain features of the Service. You agree to provide truthful, current, and complete information during registration and to update it as needed. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or security breach. We are not liable for any loss resulting from your failure to secure your account. You may not share your account with others or create multiple accounts to abuse free features. We reserve the right to suspend or terminate any account that violates these Terms or is otherwise suspected of misuse.

4. Acceptable Use and Prohibited Activities

You agree to use Sleep Orbit only for lawful purposes and in accordance with these Terms. You must not misuse the Service. In particular, you agree not to do any of the following:

• Violating Laws: Use the Service in any way that violates any applicable law or regulation (including export control laws).
• Harmful Conduct: Exploit or harm others, especially minors, or expose anyone to inappropriate content or solicit personal information from minors.
• Infringing Content: Upload, import, or generate any content that infringes another's intellectual property or privacy rights.
• Malicious Activity: Transmit any worms, viruses, or harmful code, or engage in activities that disrupt or damage the Service (such as overloading, spamming, or attacking the Service).
• Impersonation and Fraud: Impersonate any person or entity or misrepresent your affiliation with any person or entity, or engage in fraudulent, deceptive practices.
• Unauthorized Access: Attempt to gain unauthorized access to the Service or its related systems or networks, or probe or test the vulnerability of any system or network.
• Interference: Interfere with or disrupt the Service's functionality, servers, or networks (for example, by using robots or automated means to scrape data without permission).
• Illegal or Objectionable Use: Use the Service to generate or share content that is unlawful, obscene, defamatory, pornographic, hateful, or otherwise objectionable or that promotes illegal activities.

We reserve the right to investigate and take appropriate action (including removing content, suspending or terminating accounts, and/or reporting to law enforcement) against any misuse of the Service.

5. User Content and Intellectual Property

Your Content and License to SMB Studio

Sleep Orbit may allow you to create, import, or submit audio, text, or other materials ("User Content"). You retain ownership of your User Content. We do not claim ownership over the sounds, mixes, or other content you create using our Service. However, by submitting or generating any User Content through Sleep Orbit, you grant SMB Studio and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display, and create derivative works from your User Content (in whole or in part) for the purpose of operating, improving, and promoting the Service. This includes, for example, the right for us to process your content to generate the desired audio output and to use your inputs/outputs to train, develop, or improve our audio generation algorithms and machine learning models. This license survives even if you stop using the Service or these Terms end.

Your Responsibilities for Content

You represent and warrant that for any content you upload or import: (a) You have all necessary rights and permissions to submit the content and to grant the license above; (b) Your content (and our use of it as permitted by you under these Terms) does not and will not violate any law or infringe any third-party's rights (including intellectual property rights and privacy rights); and (c) No further permissions or payments are required for us to use your content to provide the Service or to improve our services as described. You also warrant that your content complies with these Terms and our content standards (e.g. it is not unlawful, offensive or harmful as described in the Acceptable Use section).

We do not pre-screen user content, and you are solely responsible for any User Content that you create or share via Sleep Orbit. You assume all risks associated with your content, including its accuracy, quality, and legality. SMB Studio is not responsible or liable for any user-generated content, nor for any loss or damage resulting from such content, and we do not endorse any content submitted by users.

If you become aware of any User Content that violates these Terms (intentionally or not), you should stop using such content and report it to us. We reserve the right (but not the obligation) to monitor and remove any User Content for any reason, including content that we believe violates these Terms or is otherwise objectionable. We may also disclose your identity or information to third parties who claim that your content violates their rights (for example, their copyright or privacy rights). Repeat infringers' accounts may be suspended or terminated in accordance with our policies.

Intellectual Property Rights in the Service

All rights, title, and interest in and to the Sleep Orbit Service (including the software, mobile app, all content provided by us, design, text, graphics, audio, and other materials within the app) are owned by SMB Studio or our licensors and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable license to use the Service for your personal, non-commercial use, in accordance with these Terms. You may not copy, reproduce, distribute, publicly display, create derivative works of, or otherwise exploit any part of our Service or content except as expressly permitted by us. You also must not remove or alter any copyright, trademark, or other proprietary notices on any materials from our Service.

Any use of the Service not authorized by these Terms is a breach and may violate intellectual property rights and other laws. "Sleep Orbit," the Sleep Orbit logo, and any related names or logos are trademarks of SMB Studio (or its affiliates/licensors). You may not use these marks without our prior written permission.

6. Third-Party Services and Links

The Service may integrate with or contain links to third-party websites, content, or services that are not owned or controlled by SMB Studio. For example, Sleep Orbit may offer optional features that involve third-party platforms or may include links to external websites for support or community engagement. These third-party services have their own terms and privacy policies, and we are not responsible for their content or practices. Links or integrations are provided for convenience, and inclusion of a link does not imply endorsement by SMB Studio. If you access third-party services through our app (for example, using a cloud storage service to import sounds, or making an in-app purchase through Apple App Store/ Google Play), you do so at your own risk and you agree that SMB Studio has no liability arising from those services.

7. Modifications, Suspension and Termination

SMB Studio reserves the right to modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice. We are constantly improving our app and may add or remove features. We will not be liable if any or all of the Service is unavailable for any period of time. We may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.

We also reserve the right to terminate or suspend your account or access to the Service, at our sole discretion, for any reason, including if we believe you have violated these Terms. In the event of termination, your right to use the Service will cease immediately. You may also terminate your own account at any time if you no longer wish to use the Service. Please note that even after termination, the provisions of these Terms that by their nature should survive (such as licenses you granted, indemnification, disclaimers, and limitations of liability) will remain in effect.

8. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless SMB Studio, its affiliates, licensors, and service providers, and each of their respective officers, directors, employees, and agents (the "Sleep Orbit Parties") from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service or your violation of these Terms. This includes, for example, your User Content, your misuse of any data or content from the Service, or your violation of any third-party rights or any applicable law. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

9. Disclaimer of Warranties

Your use of Sleep Orbit is at your sole risk. The Service (including all content and features) is provided on an "AS IS" and "AS AVAILABLE" basis. SMB Studio disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no warranty that the Service will meet your requirements or that operation of the Service will be uninterrupted, timely, secure, or error-free. We make no guarantee regarding the accuracy or reliability of any results or information obtained through the Service, or that defects will be corrected.

You understand that Sleep Orbit involves audio generation and mixing, which may occasionally produce results that are unexpected or repetitive. SMB Studio does not warrant that any sounds or content obtained through the Service will be to your satisfaction or that any errors in the app will be corrected immediately. We are not responsible for any harm to your device or loss of data that may result from use of the Service or downloading of any material within the app.

Applicable law may not allow the exclusion of certain warranties, so some of these disclaimers may not apply to you. In such cases, our warranties will be disclaimed to the fullest extent permitted by applicable law.

10. Limitation of Liability

To the fullest extent permitted by law, SMB Studio and the Sleep Orbit Parties will not be liable for any indirect, incidental, special, consequential, or exemplary damages of any kind, under any theory of liability, arising out of or in connection with your use of (or inability to use) the Service. This includes, without limitation, any damages for lost profits, lost data, loss of goodwill, device failure, or other intangible losses even if we have been advised of the possibility of such damages. SMB Studio's total cumulative liability for all claims related to the Service will not exceed the amount (if any) you paid us to use the Service in the 6 months immediately preceding the claim, or US $100, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you. Nothing in these Terms is intended to exclude liability that cannot be excluded under law (for example, certain statutory warranties or liabilities which, if applicable, cannot be limited by contract).

11. Dispute Resolution and Governing Law

Arbitration Agreement and Class Action Waiver

Please read this section carefully, as it affects your legal rights. By agreeing to these Terms, you and SMB Studio agree to resolve any disputes through binding arbitration on an individual basis (except for matters that may be brought in small claims court or to certain regulators). This means you are waiving any right to a jury trial and to participate in class actions or collective proceedings against us. All claims must be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

Arbitration will be conducted by a neutral arbitrator under the rules of a recognized arbitration organization (such as the American Arbitration Association's Consumer Arbitration Rules) in a mutually agreed location. The Federal Arbitration Act (FAA) and applicable U.S. federal law govern the interpretation and enforcement of this arbitration agreement. Each party will bear its own costs of arbitration, and the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only on an individual basis to the extent necessary to provide relief warranted by that party's individual claim.

Opt-Out: You have the right to opt out of this arbitration agreement by notifying us in writing within 30 days of first agreeing to these Terms. The notice must be sent to our contact address and include your name and a clear statement that you opt out of this arbitration agreement. If you opt out, or in the event the arbitration agreement is deemed unenforceable, you agree that any disputes will be resolved by a court of competent jurisdiction as described below.

Governing Law and Jurisdiction

These Terms and any dispute arising from them or your use of the Service will be governed by the laws of the State of Washington, USA, without regard to its conflict of law principles. Unless required by arbitration or other mandatory law, you agree that any non-arbitrable legal actions will be brought in the state or federal courts located in Washington State, and you consent to the personal jurisdiction of those courts. We reserve the right to seek injunctive or other equitable relief in any jurisdiction to prevent actual or threatened infringement, misappropriation or violation of our intellectual property or other proprietary rights.

12. General Terms

Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. Any waiver must be in writing to be effective.

Entire Agreement: These Terms (along with our Privacy Policy and any additional terms for specific features) constitute the entire agreement between you and SMB Studio regarding the Service and supersede all prior agreements or understandings (whether oral or written) relating to the Service.

Assignment: You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent. We may assign these Terms (in whole or in part) as part of a merger, acquisition, sale of assets, or by operation of law or otherwise without any notice to you.

No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights; the agreement is between you and SMB Studio only.

13. Contact Information

If you have any questions, concerns, or suggestions regarding these Terms of Service, or to report any violations, please contact us at SMB Studio, LLC via email at support@sleeporbit.app (or via the support feature in the app). We value your feedback and will address your inquiry as promptly as possible.