Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Drift, a product of Resolvent Technologies (“Drift,” “we,” “us”), governing your access to and use of the Drift website, mobile application, and related services (the “Service”). Please read them carefully.

1. Acceptance of these Terms

By creating an account, joining the waitlist, subscribing, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old, or the age of majority where you live, to subscribe. By using the Service you represent that you meet this requirement and that the information you provide is accurate.

3. The Service

Drift provides sleep and relaxation audio content and related features, including the cognitive shuffle, designed to help a restless mind wind down. The Service is for personal, non-commercial use. We may add, change, or remove content and features over time. Drift is a wellness product and not a medical device or treatment — see Section 10.

4. Your account

You are responsible for keeping your login credentials secure and for all activity under your account. Notify us promptly at support@driftnightly.com if you suspect unauthorized use. You may not share, sell, or transfer your account.

5. Subscriptions & billing

Drift is offered as a paid subscription. Current plans and pricing are shown at checkout and may include:

• Monthly — $7.99 per month.
• Annual — billed once per year at the rate shown at checkout.
• Other plans we may offer from time to time.

Auto-renewal. Subscriptions automatically renew at the end of each billing period at the then-current price, unless you cancel before the renewal date. By subscribing, you authorize us and our payment processors to charge your payment method on a recurring basis until you cancel.

How you are billed. If you subscribe through our website, payments are processed by Stripe. If you subscribe through the Apple App Store or Google Play, billing is handled by Apple or Google under their terms, and your subscription is managed in your App Store or Google Play account. We do not store your full payment card details.

Price changes. We may change subscription prices. We will give you advance notice, and changes apply to the next billing period after notice. Continuing to use the Service after a price change takes effect means you accept the new price.

6. Free trials

We may offer a free trial. Unless you cancel before the trial ends, your subscription will automatically begin and your payment method will be charged at the end of the trial. Trial terms (length and whether a payment method is required) are shown when you sign up. Only one trial per person unless stated otherwise.

7. Cancellation & refunds

Cancel anytime. You can cancel your subscription at any time. Web subscriptions can be cancelled from your account or by emailing support@driftnightly.com; App Store and Google Play subscriptions must be cancelled through your Apple or Google account. When you cancel, you keep access until the end of the current paid period, and you will not be charged again.

Refunds. Except where required by law, payments are generally non-refundable and we do not provide refunds or credits for partial periods. Purchases made through the App Store or Google Play are subject to their respective refund policies, which we do not control. If you are in a jurisdiction with mandatory cancellation or withdrawal rights, those rights still apply.

8. Acceptable use

You agree not to:

• Copy, record, redistribute, sell, or publicly perform Drift content except as the Service allows.
• Reverse engineer, scrape, or attempt to extract our content or source code.
• Circumvent paywalls, usage limits, or security measures.
• Use the Service unlawfully, or to infringe others’ rights.
• Interfere with or disrupt the Service or its infrastructure.

9. Intellectual property & content license

The Service and all content — audio, text, software, designs, and the Drift name and logo — are owned by us or our licensors and are protected by intellectual-property laws. Subject to these Terms and your active subscription, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and stream the content for your own personal use. All rights not expressly granted are reserved.

10. Medical disclaimer

11. Disclaimer of warranties

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that it will produce any particular result, including improved sleep.

12. Limitation of liability

To the maximum extent permitted by law, Drift and its operators will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, sleep, profits, or goodwill, arising from your use of or inability to use the Service. Our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us in the twelve months before the claim or USD $100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

13. Indemnification

You agree to indemnify and hold Drift and its operators harmless from claims, damages, and expenses (including reasonable legal fees) arising from your misuse of the Service or violation of these Terms.

14. Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you violate these Terms or to protect the Service or other users. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and governing law) will survive.

15. Governing law & disputes

These Terms are governed by the laws of the State of [STATE — confirm during legal vetting], United States, without regard to its conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located there, unless applicable consumer-protection law gives you the right to bring a claim elsewhere. Nothing in these Terms limits any mandatory consumer rights you have under local law.

16. Changes to these Terms

We may update these Terms from time to time. We will post the updated version here with a new effective date and, for material changes, give additional notice. Continuing to use the Service after changes take effect means you accept the updated Terms.

17. Contact us

Questions about these Terms? Email support@driftnightly.com.