Terms of Use

Last Updated: April 20, 2026

Agreement to Terms

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

These Terms constitute a legally binding agreement between you and Kittiphong Xayasane ("we", "us", or "our") regarding your use of the App.

Description of Service

Kit White Noise is a mobile application that provides:

Eligibility

You must be at least 13 years old to use the App. By using the App, you represent and warrant that you meet this age requirement. If you are under 18, you must have permission from a parent or legal guardian to use the App and make purchases.

Account Registration

To access certain features, including AI sound generation, you must create an account. You agree to:

We reserve the right to suspend or terminate accounts that violate these Terms.

Subscriptions and Payments

Subscription Plans

Kit White Noise offers the following subscription tiers:

Credit Packs (One-Time Purchase)

Billing Terms

Free Trial

Some subscription plans may include a free trial period. You will be charged the subscription price at the end of the trial unless you cancel before the trial ends. Free trials are only available once per user.

Refunds

All purchases are final and non-refundable, except where required by law. For refund requests, contact Apple Support directly, as all transactions are processed through Apple's payment system. We do not have the ability to issue refunds directly.

AI Sound Generation

Usage Limits

AI sound generation is subject to daily and monthly limits based on your subscription tier:

Content Guidelines

When creating AI sounds, you agree NOT to generate content that:

Violation of content guidelines may result in:
  • Removal of generated content
  • Suspension of AI generation privileges
  • Account termination without refund

Ownership of Generated Sounds

You retain ownership of AI-generated sounds you create through the App. However, you grant us a license to process and store your sounds to provide the service. We may use anonymized, aggregated data about sound generation patterns to improve our services.

Acceptable Use Policy

You agree NOT to:

Intellectual Property Rights

Our Rights

The App, including its design, features, code, graphics, and pre-loaded sounds, is owned by us and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.

Your Rights

You retain all rights to the AI-generated sounds you create. However, please note that AI-generated content may not be eligible for copyright protection in all jurisdictions. Consult a legal professional if you plan to use generated sounds commercially.

Third-Party Services

The App uses third-party services, including:

Your use of these services is subject to their respective terms of service and privacy policies. We are not responsible for the practices or content of third-party services.

Advertising

Free users will see advertisements served by Google AdMob. By using the free version, you consent to the display of ads. Ads are removed for all Premium subscribers.

You can opt out of personalized advertising through your device settings (Settings → Privacy & Security → Tracking).

Privacy and Data Collection

Your use of the App is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the App, you consent to our data practices as described in the Privacy Policy.

User Content and Data

We store your AI-generated sounds and account data on secure cloud servers. You are responsible for maintaining backups of important content. While we take reasonable measures to protect your data, we are not liable for data loss due to technical failures, account deletion, or other circumstances.

Disclaimers and Limitations of Liability

Service "As Is"

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Medical and Health Disclaimer

Kit White Noise is designed for relaxation and ambient sound purposes only. It is NOT a medical device and should NOT be used to diagnose, treat, cure, or prevent any medical condition, including but not limited to insomnia, anxiety, or other health issues.

If you have any health concerns, including sleep disorders or hearing issues, consult a qualified healthcare professional. Do not rely on the App as a substitute for professional medical advice.

Volume Warning: Listening to sounds at high volumes for extended periods may damage your hearing. Use the App at a comfortable, safe volume level.

Modifications to the App and Terms

Updates to the App

We may update, modify, or discontinue any features of the App at any time without notice. We may also impose limits on certain features or restrict access to parts or all of the App.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes through:

Your continued use of the App after changes are posted constitutes acceptance of the modified Terms.

Termination

By You

You may stop using the App and delete your account at any time through the app settings. Deleting your account will permanently remove all your data, including AI-generated sounds.

By Us

We reserve the right to suspend or terminate your access to the App at any time, with or without notice, for:

Upon termination, your license to use the App immediately ends. Termination does not entitle you to a refund of any fees paid.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the jurisdiction where the developer resides, without regard to conflict of law provisions.

Any disputes arising from these Terms or your use of the App shall be resolved through:

  1. Informal Negotiation: Contact us first at kittiphongxayasane@gmail.com
  2. Mediation: If negotiation fails, we agree to participate in mediation
  3. Arbitration or Court: As a last resort, disputes may be resolved through binding arbitration or in a court of competent jurisdiction

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the use of the App and supersede any prior agreements.

No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

Apple Terms

These Terms are between you and us only, not with Apple Inc. Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support services. If the App fails to conform to any applicable warranty, you may notify Apple for a refund; Apple has no other warranty obligation.

Apple is not responsible for addressing claims relating to the App or your use of it, including product liability, consumer protection, or intellectual property infringement claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Questions About These Terms?

If you have questions or concerns about these Terms of Use, please contact us:

Email: kittiphongxayasane@gmail.com

Developer: Kittiphong Xayasane

Acknowledgment

BY USING KIT WHITE NOISE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE, DO NOT USE THE APP.