Terms of Service

1. Introduction

These Terms of Service (“Terms”) are an agreement between you and SHUHARY (“we”, “us”) covering your use of the Somilo iPhone app and the somilo.app website.

Somilo is distributed through Apple’s App Store, and Apple’s Standard End User License Agreement (“Apple’s EULA”) applies to your use of the app. These Terms are meant to sit alongside Apple’s EULA and add the conditions that are specific to Somilo. Where these Terms conflict with Apple’s EULA, Apple’s EULA takes precedence.

By downloading or using Somilo, you agree to these Terms. If you do not agree, please do not use the app.

2. What Somilo does

Somilo is a bedtime companion app. At a time you choose, it uses Apple’s Screen Time frameworks to place a shield over apps that you have selected, and it presents a small character (“Somi”) that settles down to sleep. In the morning, Somilo may show you a record of the night and a small item recovered from Somi’s dream.

Somilo is a tool for supporting a habit you already want. It is not a productivity tracker, a monitoring service, or a health product.

3. No account

Somilo does not require an account. There is nothing to register, and no credentials to manage.

Everything Somilo records is stored on your device. This means that if you delete the app, lose your device, or reset it, that data is gone and we cannot restore it for you, because we never had a copy. See our Privacy Policy for details.

4. Apple

These Terms are concluded between you and SHUHARY only, not with Apple. Apple is not responsible for Somilo or its contents. Apple has no obligation to provide any maintenance or support for Somilo. If Somilo fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to Somilo. SHUHARY, not Apple, is responsible for addressing any claim relating to Somilo, including product liability claims, any claim that Somilo fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation. SHUHARY, not Apple, is responsible for the investigation, defense, settlement and discharge of any third party claim that Somilo infringes that third party’s intellectual property rights. Apple and its subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third party beneficiary.

5. Acceptable use

Please do not:

• reverse engineer, decompile, or disassemble Somilo, except to the extent that applicable law expressly permits it;
• redistribute, resell, sublicense, or rent Somilo or any part of it;
• extract the artwork, text, sounds, or other assets from Somilo and reuse them separately;
• use Somilo in a way that interferes with the app’s operation for other people, or that breaks any applicable law.

6. Subscriptions

Somilo may offer optional auto-renewing subscriptions. Payment is charged to your Apple Account at confirmation of purchase. A subscription renews automatically unless it is cancelled at least 24 hours before the end of the current period, and your Apple Account is charged for renewal within 24 hours before the end of the current period. You can manage or cancel your subscription in the App Store settings on your device. Cancelling takes effect at the end of the current paid period; the subscription remains active until then. If a free trial is offered, any unused portion of the trial is forfeited when you purchase a subscription. Refunds are handled by Apple, not by SHUHARY. We cannot issue, process, or reverse a purchase made through the App Store. Requests for refunds should be made to Apple.

The price of a subscription is shown in the App Store before you confirm the purchase. If we change the price of an existing subscription, Apple will ask for your consent before the new price takes effect.

7. Somilo is not a medical device

Somilo is not a medical device. It is not intended to diagnose, treat, cure, or prevent any disease or condition, including any sleep disorder, and it does not provide medical advice. Nothing in Somilo should be relied on as a substitute for professional medical advice. If you have concerns about your sleep or your health, consult a qualified healthcare professional.

8. We do not guarantee that blocking always works

Somilo uses Apple’s Screen Time frameworks (Family Controls, Managed Settings, and Device Activity) to shield the apps you select. Because these frameworks are provided and controlled by Apple as part of iOS, we cannot guarantee that shielding will always function, or that it will function without interruption. Protection may stop working after an iOS update, after you reinstall Somilo, or as a result of changes Apple makes to these frameworks. In particular, reinstalling Somilo invalidates the tokens that identify the apps you selected, and the system reports no error when this happens — you will need to select your apps again in Settings. Somilo is designed to support a habit, not to enforce one, and you can always bypass the shield yourself. You remain responsible for your own use of your device.

9. Intellectual property

Somilo, including the Somi character, all artwork, animation, sounds, text, and the design of the app and this website, is owned by SHUHARY and is protected by copyright and other laws. These Terms grant you a personal, non-transferable licence to use Somilo on devices you own or control; they do not transfer any ownership to you.

10. Disclaimer and limitation of liability

To the maximum extent permitted by applicable law, Somilo is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

To the maximum extent permitted by applicable law, SHUHARY will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, arising out of or in connection with your use of Somilo.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain liabilities. In those jurisdictions, the exclusions and limitations in this section apply only to the extent that the law permits, and the mandatory protections described in Section 12 continue to apply to you.

11. Changes to these Terms

We may update these Terms. When we do, we will post the updated version on this page and change the “Last updated” date at the top. If a change materially affects your rights, we will also make it visible inside the app. Continuing to use Somilo after a change takes effect means you accept the updated Terms.

12. Governing law

These Terms are governed by the laws of Japan, and the Tokyo District Court shall have exclusive jurisdiction as the court of first instance for any dispute arising out of or in connection with these Terms. However, if you are a consumer, nothing in this section deprives you of the protection of any mandatory provision of the consumer protection law of the country or region in which you habitually reside that cannot be derogated from by agreement. Those provisions apply in preference to this section.

13. Contact

Somilo is made by SHUHARY.

For anything about these Terms, write to support@somilo.app.