Terms of Use
These Terms of Use ("Terms") are a legal agreement between you and B&HIST LLC ("B&HIST", "we", "us" or "our"). They govern your use of the Yoretales app for iPhone and iPad (the "App"), the stories, recordings, artwork and other material in it (the "Content"), and the website bedtimehistorian.com (the "Website"; together with the App and the Content, the "Services"). By downloading, accessing or using the Services, or by starting a subscription, you agree to these Terms. If you do not agree, do not use the Services. Please read these Terms carefully. Our Privacy Policy explains how we handle information.
Contents
- 1. Who we are
- 2. Who may use Yoretales
- 3. The Services
- 4. Yoretales Premium: subscriptions and automatic renewal
- 5. Your license and restrictions
- 6. Ownership and feedback
- 7. About our stories and AI-generated content
- 8. Wellness, not medicine
- 9. Listen safely
- 10. Disclaimer of warranties
- 11. Limitation of liability
- 12. Changes to the Services and these Terms
- 13. Suspension and termination
- 14. Disputes and governing law
- 15. Apple App Store terms
- 16. General terms
1. Who we are
Yoretales is a trade name of B&HIST LLC, a Georgia limited liability company. You can reach us at hello@bedtimehistorian.com. For help with the App, visit our support page or use our contact form.
2. Who may use Yoretales
The Services are offered only to people who live in the United States. By using them, you confirm that you live in the United States and are at least 13 years old. Yoretales is intended for adults. If you are under 18, 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 and for any purchase made with their Apple Account.
Yoretales does not require an account; the App uses a random device ID, as our Privacy Policy explains. You are responsible for the security of your device: anyone who uses it can use your Yoretales, and purchases are made with the Apple Account signed in to it.
3. The Services
Yoretales offers audio stories drawn from history, myth, legend and classic literature, made to be listened to at bedtime, together with ambient sounds and related features. Some Content is free. Other Content and features require Yoretales Premium, as described in the App.
We may add, change or remove stories and features at any time, and specific titles or features may become unavailable, including while your subscription is active. Your subscription is not tied to the delivery of any future content or feature. You are responsible for any internet or mobile data charges from your provider.
4. Yoretales Premium: subscriptions and automatic renewal
YORETALES PREMIUM RENEWS AUTOMATICALLY UNTIL YOU CANCEL.
- Plans and prices. Yoretales Premium is available as an annual or a monthly subscription. The price, plus any applicable tax, is shown in the App and the App Store before you confirm a purchase, and that price applies.
- Free trial. If you are eligible for a free trial, its length is shown before you subscribe, and Apple decides eligibility. Unless you cancel at least 24 hours before the trial ends, the plan you chose starts automatically when the trial ends and Apple charges the full plan price to your Apple Account at that time.
- Automatic renewal. Your subscription renews automatically for periods of the same length (one year or one month) at the then-current price until you cancel. Apple, acting on our behalf, charges your Apple Account when you confirm your purchase or, if you start with a free trial, when the trial ends, and then within the 24 hours before each renewal period begins. If Apple cannot charge you at renewal, Premium may stop until the payment problem is resolved. There is no minimum commitment.
- How to cancel. On your iPhone or iPad, open Settings, tap your name, tap Subscriptions, select Yoretales and tap Cancel Subscription. To avoid being charged for the next period, cancel at least 24 hours before the current period ends. Deleting the App does not cancel your subscription. After you cancel, Premium remains available until the end of the period you have paid for.
- Price changes. We may change the price of Yoretales Premium for future periods. Before a higher price applies to you, you will be notified in advance, including by Apple on our behalf. Where Apple's rules require it, Apple will ask you to agree to the new price, and if you do not agree, your subscription ends at the end of the current period. You can cancel before a new price applies.
- Refunds. Apple processes all payments and refund requests under its own policies; to request a refund, visit reportaproblem.apple.com. We cannot issue refunds ourselves. Nothing in these Terms limits any refund right that the law gives you.
- Your devices. Premium is available on the iPhones and iPads signed in to the Apple Account that bought it, and you can restore it in the App. To prevent misuse, we may limit the number of devices that can use one subscription. Yoretales Premium is not available through Family Sharing.
- Downloads. Downloaded stories can be played only inside the App. Premium stories will not play after your Premium access ends, until you subscribe again.
- Fair use. Premium is for personal listening. To prevent automated or abusive use, we set technical limits well above ordinary listening. If a limit is reached, new streams and downloads may pause for a while. If this happens to you in ordinary use, contact us.
5. Your license and restrictions
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable and revocable license to use the App and to stream and, with Premium, download the Content inside the App for your own private, non-commercial listening. The Content is licensed to you, not sold, and we reserve all rights not expressly granted. You may not, and may not help anyone else to:
- copy, record, extract, download outside the App, redistribute, sell, rent, publicly perform or broadcast any Content;
- use robots, scrapers or other automated means to access, collect or copy the App, our servers or the Content, or to copy the Website, except that public search engines may index the Website's public pages;
- use any Content to train, fine-tune or test any artificial intelligence or machine learning system;
- reverse engineer, decompile or modify the App, except to the extent the law expressly permits;
- circumvent any subscription check, download limit or other technical protection, or interfere with or gain unauthorized access to the Services; or
- use the Services in violation of any law or of the Usage Rules in Apple's Media Services Terms and Conditions.
6. Ownership and feedback
The Services and the Content, including stories, scripts, recordings, artwork, sounds, software and the selection and arrangement of the Content, are owned by B&HIST or its licensors and are protected by copyright and other intellectual property laws to the extent those laws apply. Some Content, such as classic literature, is based on works in the public domain; our recordings and presentation of those works remain subject to these Terms. "Yoretales" and our logos are trademarks of B&HIST and may not be used without our written permission. If you send us ideas or suggestions, we may use them without any obligation to you. If you believe something in the Services infringes your copyright, email hello@bedtimehistorian.com with the subject "Copyright", describing the work and where it appears in the Services.
7. About our stories and AI-generated content
Our stories are narrated by an AI-generated voice, not a human narrator, and the artwork in the App is AI-generated. Our voices are not intended to imitate any real person. Stories are calm retellings of history, myth, legend and classic literature. We research them with care, but they simplify events, may include imagined detail and may contain mistakes. The Content is for relaxation and enjoyment and is not an authoritative historical or academic source.
8. Wellness, not medicine
Yoretales is made for relaxation and entertainment: stories to listen to as you wind down at bedtime. It is not a medical device or a health service and is not intended to diagnose, treat, cure, mitigate or prevent any disease or medical condition, including any sleep disorder. Nothing in the Services is medical advice. If you have persistent trouble sleeping or any concern about your health, talk to a doctor, and never disregard medical advice, delay seeking it or change a treatment because of anything in the Services.
9. Listen safely
Yoretales may make you drowsy. Never use it while driving, cycling, operating machinery or doing anything else that requires your attention. Keep the volume low and comfortable, especially with headphones overnight. Yoretales is not an alarm or safety device; do not rely on its timers or sounds to wake you or alert you.
10. Disclaimer of warranties
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WE DO NOT PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR AVAILABLE AT ANY PARTICULAR TIME.
11. Limitation of liability
This section limits the damages you can recover from us, including for our own negligence.
(a) EXCEPT AS STATED IN SECTION 11(c), B&HIST IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, FOR ANY LOSS OF PROFITS OR DATA, OR FOR ANY LOSS THAT RESULTS FROM YOUR FALLING ASLEEP WHILE LISTENING (FOR EXAMPLE, OVERSLEEPING), ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER THE CLAIM IS BASED ON CONTRACT, WARRANTY, TORT (INCLUDING OUR NEGLIGENCE) OR ANY OTHER LEGAL THEORY.
(b) EXCEPT AS STATED IN SECTION 11(c), B&HIST'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, ON ANY LEGAL THEORY, INCLUDING OUR NEGLIGENCE, IS LIMITED TO THE GREATER OF (i) THE AMOUNT YOU PAID FOR YORETALES PREMIUM IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) US$50.
(c) SECTIONS 11(a) AND 11(b) DO NOT LIMIT OR EXCLUDE: (1) LIABILITY FOR OUR FRAUD, GROSS NEGLIGENCE, OR WILLFUL OR WANTON MISCONDUCT; (2) LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; OR (3) ANY DAMAGES, MULTIPLE DAMAGES, CIVIL PENALTIES, ATTORNEYS' FEES OR COSTS THAT A COURT AWARDS YOU UNDER A CONSUMER PROTECTION STATUTE, SUCH AS THE GEORGIA FAIR BUSINESS PRACTICES ACT.
12. Changes to the Services and these Terms
We may change the Services and update these Terms from time to time. When we update these Terms, we will post the new version on this page with a new effective date. If a change to these Terms is material, we will also give notice in the App before it takes effect, and we may ask you to agree to the updated Terms to keep using the Services. Changes do not apply to disputes that arose before their effective date. If you do not agree to a change, you may stop using the Services and cancel your subscription before it takes effect; if you keep using the Services after it takes effect, the updated Terms apply to you. Price changes follow section 4.
13. Suspension and termination
You may stop using the Services at any time by deleting the App and canceling any subscription. We may suspend or end your access if you materially breach these Terms, if the law requires it, or to protect the Services or other users, and your license ends automatically if you materially breach section 5.
We may discontinue the Services or Yoretales Premium. If we do, your subscription will not renew, and Premium will remain available until the end of the period you have paid for.
The restrictions in section 5, and sections 6 to 11 and 14 to 16, continue to apply after these Terms end.
14. Disputes and governing law
Talk to us first. If you have a problem with the Services, please email us at hello@bedtimehistorian.com with a short description and what you would like us to do. Most issues can be resolved quickly this way.
Governing law. These Terms, and any dispute relating to them or to the Services, are governed by the laws of the State of Georgia, USA, without regard to its conflict-of-law rules, and by applicable federal law of the United States. Either of us may bring an individual claim in a small-claims court that has jurisdiction.
Your consumer rights. Georgia law does not take away the protection of any consumer protection law of the state where you live that cannot be waived by agreement.
15. Apple App Store terms
If you downloaded the App from Apple's App Store, the following terms also apply:
- Apple's standard license. Your license to use the App is granted by B&HIST under Apple's Licensed Application End User License Agreement (the "Standard EULA"). These Terms add to the Standard EULA. If they conflict, these Terms control, except where the Standard EULA gives you greater rights, in which case the Standard EULA controls.
- Acknowledgement. These Terms are concluded between you and B&HIST only, not with Apple. B&HIST, not Apple, is solely responsible for the App and its content.
- Scope of license. Your license to the App is limited to a non-transferable license to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with the purchaser through Family Sharing, volume purchasing or Legacy Contacts where Apple makes that available.
- Maintenance and support. B&HIST is solely responsible for any maintenance and support for the App, as described in these Terms or as required by law. Apple has no obligation whatsoever to provide maintenance or support for the App.
- Warranty. B&HIST is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are B&HIST's sole responsibility.
- Product claims. B&HIST, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation. Nothing in these Terms limits our liability to you beyond what the law permits.
- Intellectual property. If a third party claims that the App, or your possession and use of it, infringes that third party's intellectual property rights, B&HIST, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.
- Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.
- Developer contact. Questions, complaints or claims about the App should be directed to B&HIST LLC at hello@bedtimehistorian.com.
- Third-party terms. You must comply with any applicable third-party terms when using the App, such as your wireless data service agreement.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce them against you as a third-party beneficiary.
16. General terms
- Entire agreement. These Terms and, if you downloaded the App from the App Store, the Standard EULA are the entire agreement between you and us about the Services, and they replace any earlier version.
- Severability. If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permissible, and the rest of these Terms will stay in effect.
- No waiver. If we do not enforce a provision right away, we are not waiving our right to enforce it later.
- Assignment. You may not transfer these Terms. We may transfer them to a successor that takes over the Services, which will be bound by them.
- Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, such as outages of Apple, our hosting providers or the internet.
- Notices. We give notices to you in the App and post changes to these Terms on this page; Apple may also send you notices about your subscription. You can send notices to us at hello@bedtimehistorian.com.