Terms of Use Elysia Sleep App

Last updated: October 10, 2025 

The Elysia sleep app (the “App”) is operated by Loop BV, with registered office at Lamorinièrestraat 33/105, 2018 Antwerp, Belgium, and company number BE0665.977.551 ("Loop", “us”, “we” or “our”). Loop is a company dedicated to designing and selling products and services that enhance sensory wellbeing, such as earplugs, sleep masks, and related items including software and apps.  

 

These App terms of use (the “Terms”) set forth the terms and conditions that govern your access and use of the App and any related products, materials, content, documentation and services provided by or on the App (collectively, the “Services”).  

  1. Description of the Services 

The App provides an audio coach for sleep, creating personalized soundscapes to support healthy sleep based on the information you choose to share in the App. The App uses artificial intelligence (“AI”) technologies to personalize certain features, including the generation of soundscapes and general wellness suggestions based on your inputs. The AI functionality is designed to enhance your user experience only but does not constitute medical or therapeutic advice.  

The Services may change from time to time as the App evolves, refines, or adds more features to the Services. We reserve the right to modify, withdraw or discontinue the Services, in whole or in part, at any time without notice. 

  1. Acceptance and Eligibility. 

By downloading, accessing or using the Services (or by clicking on “accept” or “agree” to these Terms when prompted), you confirm that you have read, understood and agreed to these Terms. If you do not agree, you may not use or access the Services and must delete the App immediately.  

By accessing or using the Services, you confirm that you are at least the age of majority in your country, state or province of residence. 

  1. Usage Policy. 

You agree to use the Services lawfully, responsibly, and only for your personal, non-commercial use. You may not use the Services on behalf of, or for the benefit of, any third party. You further agree not to: 

  • Violate any law or regulation, including those relating to intellectual property, privacy, or publicity, or breach any contractual obligations. 

  • Send unsolicited communications, including spam, junk mail, chain letters, or unauthorized advertising or promotional materials. 

  • Impersonate any person or entity, or otherwise misrepresent your identity or affiliation to deceive, confuse, or mislead others. 

  • Exploit, harm, or endanger minors, including exposing them to inappropriate content or collecting their personal data. 

  • Post or share content that violates these Terms or that is unlawful, offensive, infringing, defamatory, obscene, or otherwise inappropriate. 

  • Harass, threaten, or interfere with others’ use or enjoyment of the Services, or engage in conduct that could expose us or any user to harm or liability. 

  • Interfere with or disrupt the proper operation of the Services, including by: 

  • Using any robot, scraper, or other automated or manual means to access, copy, or monitor any part of the Services; 

  • Uploading or distributing viruses, worms, Trojan horses, or other malicious code; 

  • Launching denial-of-service or similar attacks; or 

  • Taking any action that imposes an unreasonable load on our infrastructure. 

  • Attempt to gain unauthorized access to any part of the Services, systems, or networks; circumvent security or encryption measures; or engage in data mining, hacking, or any similar activity. 

  • Reverse engineer, decompile, or otherwise attempt to extract the source code or underlying structure of the Services. 

  • Collect or harvest information about other users without their consent, including usernames, email addresses, or passwords. 

  • Assist, encourage, or enable others to do any of the above. 

 

  1. Intellectual Property Rights. 

You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the “Content”), are owned by us, its licensors, or other providers of such material. Neither these Terms nor your access to the Services transfers to you any right, title, or interest in or to such Content.  

Loop grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content solely for personal and non-commercial use only in accordance with and for the duration of these Terms. The Content may not be used for any other purpose. This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.  

The rights granted to you are subject to the following restrictions: 

  • You shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Content in any form or by any means except as expressly permitted herein or as enabled by a feature, product, or the Services when provided to you. 

  • You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content. 

  • You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services in any way, whether in whole or in part. 

  • You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content. 

  • You shall not access or use the Content to build a similar or competitive app, website, product, or service. 

 

  1. User Content. 

The App may allow you to post, upload, submit, publish, display, or transmit content or materials (“User Content”). You are solely responsible for your User Content. Please consider carefully what you choose to share. Any User Content you post on or through the Services will be considered non-confidential, non-personal and non-proprietary. You assume all risks associated with the use of your User Content. This includes any disclosure of your User Content that personally identifies you or any third party. You agree that Loop shall not be responsible or liable to any third party for any User Content posted by you or any other user of the Services. 

By sharing User Content through the App, you grant us an irrevocable, non-exclusive, royalty-free, transferable, perpetual, and worldwide license to use, reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content. 

You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit. You must not post or transmit any User Content that is unlawful, misleading, offensive, or that infringes any intellectual property or privacy rights. We may remove User Content that violates these Terms or applicable law. You hereby irrevocably waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content, or material submitted to us. Please note that all of the following licenses are subject to our App Privacy Policy to the extent they relate to any User Content that contains any personally identifiable information. 

If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.  You are solely responsible for your Feedback and represent that you have all rights necessary to share it. 

  1. Privacy. 

For information about how we collect, use, and share your personal data, please review our App Privacy Policy. You agree that by using the Services you consent to the processing of your personal data, as set forth in the App Privacy Policy. 

  1. Third-Party Links and Ads. 

The App may include links, integrations or content to or from third-party websites, resources, or services, as well as advertisements (“Third-Party Links”). These are provided for your convenience only. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. We do not control or endorse any Third-Party Link and accept no responsibility for its content, accuracy or practices. If you decide to access any Third-Party Link, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Link. You should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction in connection with any Third-Party Link. 

  1. Termination. 

We hope that you enjoy using the App, but you may stop using the Services at any time by deleting it from your device.  

We may suspend or terminate your access or rights to use the Services at any time, for any reason, in our sole discretion, and without prior notice, including for any breach of the Terms. When your access ends, your right to access and use the Services will immediately cease. We are not liable for any loss or damage arising from suspension or termination. 

Provisions that by their nature should continue after termination will remain in effect. This includes, without limitation, ownership or intellectual property provisions, warranty disclaimers, and limitations of liability.  

  1. No Warranty. 

Some features of the App use AI and automated systems to personalize your experience. These outputs are automatically generated based on the information you provide and are not reviewed or verified by a human. We make no guarantee regarding their accuracy, completeness, reliability or suitability. You are solely responsible for how you interpret and use such outputs, and you acknowledge that results may vary.  

 

The App, Services, and any personalized soundscapes or recommendations are designed to support general wellbeing, relaxation, and healthy sleep habits. They are not medical or therapeutic advice, and the App is not intended to diagnose, monitor, treat, cure, or prevent any disease or disorder. If you have concerns about your sleep or health, you should consult a qualified healthcare professional. 

 

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. 

 

WITHOUT LIMITING THE FOREGOING, LOOP AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THIRD-PARTY LINKS, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR ANY OTHER USER. 

 

THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  

  1. Limitation of Liability 

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, OR ITS RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE SERVICES OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE APP OR THE SERVICES IS TO STOP USING THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. 

  1. Indemnification 

You agree to indemnify, defend, and hold harmless us and our affiliates and respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees, fees and other costs of enforcing any right to indemnification under these Terms, and the cost of pursuing any insurance providers, arising out of or relating to your breach of these Terms or your use or misuse of the Services including, but not limited to, your User Content or any actions taken by a third party using your account. Loop reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate with our defense or settlement of these claims. 

  1. Disputes 

All matters arising out of or related to these Terms are governed by, and construed in accordance with, the laws of Belgium without regard to the conflict of law provisions thereof. Any disputes shall be brought before the Courts of Antwerp (Belgium) having exclusive jurisdiction. 

  1. Miscellaneous 

We reserve the right to change these Terms from time to time in its sole discretion without notice. The latest version of the Terms will be posted on the App and should be reviewed prior to accessing or using the Services. All changes will be effective immediately and will apply to your use of and access to the Services from that point onward. 

If any provision of these Terms shall be determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 

 

The Terms, and all documents referred to herein, constitute the entire agreement and understanding between you and us concerning the subject matter hereof. The Terms supersede any written or verbal agreement, communication or correspondence with respect to the subject matter hereof. 

 

You shall not assign any of your rights or obligations under the Terms without our prior written consent. Loop may freely assign or delegate its rights or obligations under these Terms at any time. These Terms shall be binding upon and shall inure to the benefit of the legal successors and assigns of Loop. 

 

No waiver of any of the terms or conditions of these Terms by us shall be valid or binding unless the same is in writing and signed by an authorized officer of Loop.  

  1. Contact Us. 

We welcome questions, comments, and concerns about the Services and these Terms. If you wish to provide feedback or if you have questions or concerns, please contact us via our contact page, or by using the details set out below: 

 

Loop BV 

Lamorinièrestraat 33/105 

2018 Antwerp, Belgium 

hello@loopearplugs.com