Optophone
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Terms of Service

Last updated: 2026-10-14

Optophone is operated by Umbrisk Studios LLC.

Acceptance of Terms

By downloading, installing, or using Optophone ("the App"), you agree to be bound by these Terms of Service. If you do not agree, do not use the App.

Eligibility

You must be at least 13 years of age to use this App. If you reside in the European Union, United Kingdom, or another jurisdiction where the digital-services minimum age is 16, you must be at least 16 years old. If you are under 18 (or the age of majority in your jurisdiction), you represent that you have your parent's or legal guardian's permission to use the App. By using the App, you represent and warrant that you meet these eligibility requirements. We do not knowingly collect personal information from children below the applicable age; if you believe a child has provided us with personal information, please contact privacy@optophone.app and we will delete it.

Description of Service

Optophone is a procedural ambient sound generator designed for relaxation and entertainment purposes only. Most sounds are synthesised in real time on your device. A smaller set of sounds is built from real audio recordings; those recordings are downloaded to your device over the internet (once, on first use or via the optional full-library download) and are then re-sequenced by the same live engine during playback. Sounds that rely on recordings will not produce audio until their recordings have been downloaded. The App is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition.

Photosensitivity and Health Warning

A very small percentage of people may experience a seizure or other adverse symptoms when exposed to flashing lights or patterns, including the animated visualizers in the App, even with no prior history of seizures or epilepsy. If you or anyone in your family has an epileptic condition or has experienced seizures of any kind, consult a physician before using the App. Stop using the App immediately and consult a physician if you experience dizziness, altered or blurred vision, headache, disorientation, any involuntary movement or convulsion, or nausea. The visualizers are an optional, decorative feature: you may disable all on-screen animation by selecting the "Lights Out" visualizer, and when your device's system "Reduce Motion" setting is enabled the App automatically freezes the visualizers to a single still image, so they do not animate, move, or flash. By using the App, you acknowledge that you have read and understood this warning, and you use the App and its visual features at your own risk. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law. Full details are provided in the App's Photosensitivity & Health Warning.

Accounts and Cloud Sync

  • Anonymous Account: A pseudonymous account is created automatically on first launch to enable optional cloud features. No personal information is required.
  • Account Linking: You may optionally link your account via Apple Sign-In or Google Sign-In to enable cross-device data sync and account recovery.
  • Cloud Sync: When signed in, your saved mixes, listening history, and preferences may be synced to cloud storage. You can delete all cloud data at any time via the "Delete Account" option in app settings, or via our web-based deletion page at https://optophone.app/account-deletion/.

Subscriptions and Purchases

  • Free: 35 sounds, 8 scenes, and 10 visualizers are free permanently, with no advertising and no time limit. No account is required.
  • Premium: Available as a monthly or yearly subscription, or as a one-time lifetime purchase. Premium unlocks the full catalogue — all sounds, scenes, and visualizers available in your version of the App. Current pricing is displayed in the App at the time of purchase.
  • Auto-Renewal: Monthly and yearly subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. The lifetime option is a one-time purchase and does not renew. Payment is charged to your Apple ID or Google account at confirmation of purchase. Your account is charged for the renewal within 24 hours before the end of the current period.
  • Free Trial: If a free trial is offered, it automatically converts to a paid subscription at the end of the trial period unless cancelled at least 24 hours before the trial ends. Any unused portion of a free trial is forfeited upon purchasing a subscription.
  • Management: You can manage or cancel subscriptions in your device's subscription settings (Settings > Apple ID > Subscriptions on iOS, or Google Play Store > Subscriptions on Android).
  • Refunds: Refund requests are handled by Apple or Google according to their respective refund policies.
  • Right of Withdrawal (European Union and United Kingdom): If you are a consumer in the European Union or the United Kingdom, you may have a statutory right to withdraw from a purchase within 14 days. For digital content that is delivered immediately, this right may be lost once delivery has begun with your consent and with your acknowledgement that you lose the right of withdrawal. Purchases made through the App Store or Google Play are processed by Apple or Google, and in practice refund and withdrawal requests for those purchases are handled by Apple or Google under their own policies. Nothing in this section limits any statutory right you have under the law of your country of residence.

Intellectual Property

All content in the App, including but not limited to sound generation algorithms, user interface design, graphics, and text, is the property of Umbrisk Studios LLC or its licensors and is protected by applicable intellectual property laws. The audio recordings the App downloads are third-party works that are in the public domain or dedicated to the public domain under Creative Commons Zero (CC0); they are not owned by us, and their credits are listed under “Audio Samples” on the App's open-source licenses page. You may not copy, modify, distribute, or reverse-engineer any part of the App, except to the extent that this restriction is prohibited by applicable law.

User Conduct

You agree not to:

  • Reverse-engineer, decompile, or disassemble the App, except to the extent that this restriction is prohibited by applicable law
  • Use the App for any unlawful purpose
  • Attempt to circumvent any security features or payment systems
  • Redistribute or commercially exploit App content without authorization

These restrictions apply only so far as applicable law allows. If the law of your country gives you a right that cannot be removed by contract, nothing in these Terms removes it. In the European Union and the United Kingdom, for example, a lawful user of software may observe, study, and test how it works, and may decompile it where that is necessary to make it work together with other software. We do not restrict those rights.

Disclaimer of Warranties

The App is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the App will be uninterrupted, error-free, or free of harmful components.

Limitation of Liability

To the maximum extent permitted by law, Umbrisk Studios LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the App. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law. If you are a consumer, this section does not affect your statutory rights.

Apple App Store — Additional Terms

The following applies if you obtained the App from the Apple App Store. These Terms are concluded between you and Umbrisk Studios LLC only, and not with Apple Inc. ("Apple"). Umbrisk Studios LLC, not Apple, is solely responsible for the App and its content. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to 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) you paid for the App; to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Umbrisk Studios LLC, not Apple, is responsible for addressing any claim you or a third party may have relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation. Umbrisk Studios LLC, not Apple, is responsible for the investigation, defence, settlement, and discharge of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights. You represent that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Termination

We reserve the right to terminate or suspend access to the App at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to other users or to us.

Dispute Resolution

In the event of any dispute arising from or relating to these Terms or your use of the App, you agree to first attempt to resolve the dispute informally by contacting us at legal@optophone.app. If the dispute cannot be resolved informally within 30 days, either party may pursue resolution through binding arbitration or the courts of the applicable jurisdiction, at the election of the complaining party. Nothing in this clause limits your right to bring claims in small claims court, if eligible. Nothing in this section prevents either party from bringing a claim before a court that has jurisdiction. This section does not remove any mandatory right, protection, or choice of court that the law of your country of residence gives you as a consumer. If you are a consumer in the European Union or the United Kingdom, you may bring proceedings in the courts of the country where you live.

Changes to Terms

We may update these Terms from time to time. Changes will be reflected by updating the "Last updated" date. Continued use of the App constitutes acceptance of the revised Terms.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, United States of America, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in the State of Nevada. If you are a consumer, nothing in this section deprives you of the protection of mandatory provisions of the law of your country of residence, or of any right that law gives you to bring proceedings in its courts.

Severability

If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court or other competent authority, that provision will be treated as removed from these Terms, or will apply only to the smallest extent needed to make it valid and enforceable. All remaining provisions stay in full force and effect.

Contact Us

If you have questions about these Terms, please contact us at:

legal@optophone.app