Terms of Use.

who we are

88088 is a sleep affirmation app operated by Alicja Milesi, a sole proprietor based in Switzerland ("we", "us"). By downloading, installing, or using 88088 (the "App"), you agree to these Terms of Use. If you do not agree, please do not use the App. Contact: support@88088.app.

This agreement is between you and us only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content. Nothing here conflicts with Apple's Media Services Terms and Conditions, which we've reviewed.

eligibility

You must be at least 18 years old to create an account and subscribe. If you are between 13 and 17 (16 in the EEA / UK), you may only use the App with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf.

You also confirm that you are not located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as "terrorist-supporting," and that you are not on any U.S. Government list of prohibited or restricted parties.

your license to use the app

Subject to these Terms, we grant you a limited, non-transferable, non-exclusive license to use the App on any Apple-branded device you own or control, as permitted by Apple's Media Services Terms and Conditions' usage rules. Other accounts associated with you via Family Sharing or volume purchasing may also access the App under this license.

your account

You can sign in with a phone number or email, or purchase as a guest and later create an account — in which case your guest recordings and subscription are linked to your new account. You are responsible for keeping your login method secure and for all activity under your account. Notify us immediately if you suspect unauthorized access.

subscription, trial & billing

• 88088 is offered on a paid subscription: USD 2.99 per month after a 7-day free trial. Prices in your local currency may vary and are shown at checkout.
• The trial starts when you begin your subscription. If you do not cancel before the trial ends, the subscription renews automatically at the then-current price and is charged to your payment method.
• The subscription continues to renew automatically at the end of each billing period until you cancel.
• You can cancel at any time through the App, your Apple ID / Google Play account, or the web billing portal used at purchase. Cancellation takes effect at the end of the current paid period; you keep access until then.
• No refunds for periods already paid, including unused portions of a billing cycle, except where required by mandatory Swiss consumer law or the platform's own refund rules (Apple / Google Play).

your content (voice recordings)

Recordings you make in the App are your content. They are real recordings of your voice, not AI-generated. You retain ownership of your recordings and any titles or notes you attach to them.

You grant us a limited, non-exclusive, worldwide, royalty-free license to store, process, and stream your recordings back to you solely for the purpose of operating the App and delivering the features you use (playback, mixing with music beds, and — only if you opt in — voice cloning and AI voice features through our processors). We do not use your recordings for advertising, do not sell them, and do not allow our voice or speech providers to train their models on them.

You are responsible for what you record. You confirm you have the right to record and use the content, and that it does not infringe anyone's rights or violate any law.

acceptable use

You agree not to:

• Use the App for anything illegal, harmful, harassing, hateful, or sexually exploitative;
• Upload recordings of another person without their clear consent, or impersonate anyone;
• Attempt to reverse-engineer, decompile, scrape, or bypass the security or subscription controls of the App;
• Interfere with the App's operation or use it to build a competing product;
• Share your account or subscription with others.

We may suspend or terminate accounts that violate these rules.

Your use of the App must also comply with any other agreement that applies to you — for example, your mobile carrier's terms of service, if your use of the App (such as streaming or downloading recordings) is subject to your wireless data plan.

intellectual property

The App itself — its software, design, branding, and the "88088" name — is owned by Alicja Milesi and protected by copyright and other intellectual-property laws. These Terms do not grant you any rights in the App beyond the personal, limited, non-transferable license to use it for its intended purpose while your subscription is active.

If a third party claims that the App, or your possession and use of it, infringes their intellectual property rights, we — not Apple — are solely responsible for investigating, defending, settling, and resolving that claim.

third-party services

The App relies on a small number of vetted providers to function: Lovable Cloud for hosting, database, and storage; ElevenLabs for optional voice features (speech-to-text, text-to-speech, voice cloning); and Apple, Google Play, or Stripe for billing depending on how you subscribed. Your use of features that rely on these providers is subject to their own terms. See our Privacy Policy for details.

no medical advice

88088 is a wellness and self-care tool. It is not a medical device and does not provide medical, psychological, or therapeutic advice, diagnosis, or treatment. It is not intended to prevent, treat, or cure any condition, including sleep disorders, anxiety, or depression. If you have concerns about your health or sleep, consult a qualified professional.

maintenance and support

We are solely responsible for providing any maintenance and support for the App. Apple has no obligation whatsoever to provide maintenance or support services for the App.

disclaimers

The App is provided "as is" and "as available". To the fullest extent permitted by law, we do not warrant that the App will be uninterrupted, error-free, secure, or that recordings and data will never be lost. You are responsible for keeping your own backups of any recordings you consider irreplaceable.

If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are our responsibility, not Apple's.

We — not Apple — are responsible for addressing any claims you or a third party may have relating to the App or your use of it, including product liability claims, claims that the App fails to meet any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar law.

limitation of liability

To the fullest extent permitted by Swiss law, our total liability to you for any claim arising out of or relating to the App or these Terms is limited to the amounts you paid us for the subscription in the twelve (12) months preceding the event giving rise to the claim. We are not liable for indirect, incidental, consequential, or special damages, including loss of data, loss of profits, or loss of goodwill. Nothing in these Terms limits liability that cannot be limited under Swiss mandatory law (e.g. gross negligence, willful misconduct, or personal injury).

termination

You may stop using the App at any time and delete your account from the Me page in the App. We may suspend or terminate your access if you materially breach these Terms or if we are required to do so by law. Sections that by their nature should survive termination (ownership, disclaimers, limitation of liability, governing law) will survive.

changes to these terms

We may update these Terms from time to time. The effective date above will change, and for material changes we will notify you in the App. Continued use of the App after the changes take effect means you accept the updated Terms.

governing law & venue

These Terms are governed by the substantive laws of Switzerland, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for any dispute arising out of or in connection with these Terms is the competent ordinary courts at the operator's domicile in Switzerland, subject to any mandatory place of jurisdiction available to consumers under Swiss law.

Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

contact

Alicja Milesi
Riehenring 65, 4058 Basel, Switzerland
+41 78 636 96 53
support@88088.app · or use the support form.