Terms of use

The Service is provided by Omnibus, Ltd. (“we”, “us”). By creating an account or using the Service you accept these terms. If you do not accept them, please do not use the Service.

These documents are part of the agreement:

• Acceptable use policy: what you may and may not do
• Subscription terms: plans, trials, renewal, cancellation and refunds
• Health disclaimer: what the measurements mean and what they don't

How we handle personal data is explained in the privacy policy. Nothing in these terms takes away rights you have as a consumer under the law of the country where you live.

Earbunny helps families notice how loud and how long they listen with headphones, how they sit while studying, reading or gaming, and when an earbud drops or is left behind. It offers goals, rewards, reports and alerts.

• Headphone levels are measured through Apple Health when you allow it, otherwise estimated from the volume setting and headphone model. Estimates can differ from the real level.
• iOS does not let apps change other apps' volume, so Earbunny informs and reminds; it cannot enforce a limit.
• Background data arrives only as often as iOS allows. Alerts, including drop and left-behind alerts, can be late or missing. Do not rely on the Service to keep a person or an object safe.

• You can open your own account if you are an adult (18 or the age of majority where you live, if higher).
• Children and other minors use the Service only through a member account created and managed by a parent or legal guardian.
• Another adult can be added as a member only with their knowledge and consent, which they give on their own device.
• Schools use the Service through school accounts under the school data processing terms.

Give accurate details and keep them up to date. Keep your password, sign-in codes and pairing codes to yourself; you are responsible for what happens in your account. Tell us at security [at] earbunny.app right away if you think someone else has access to it.

When you add a child or another member, you confirm that:

• you are the child's parent or legal guardian (or, for an adult member, that they agreed);
• you give the consents described in the privacy policy, including parental consent for a child under 13 and explicit consent for health-related measurements;
• you have told the child, in words they understand, that Earbunny is on and who can see their data. Earbunny never hides monitoring from the child;
• you will supervise the child's use, set goals and rewards that are fair and kind, and remove the member when monitoring is no longer appropriate.

A parent can add a second parent, who sees the same members. Removing a member deletes that member's data. Rewards are promises between you and your child; we do not supply or guarantee them.

Use the Service lawfully and kindly. In particular, never use it to monitor someone without their knowledge or an adult without their consent, never misuse pairing codes, and never attack, reverse engineer or scrape the Service. The full rules are in the acceptable use policy. We may suspend or close accounts that break them; we will tell you why unless the law or someone's safety prevents it.

The Free plan is free. Paid plans (Family and Personal) are sold as auto-renewing subscriptions through the App Store and billed by Apple. You cancel in your Apple Account settings at least 24 hours before the end of the period; refunds are handled by Apple. Details, including your right of withdrawal, are in the subscription terms.

You keep your rights in what you add, such as names, reward texts and cheers. You give us a limited, non-exclusive licence to store it and show it to the people you choose, only to run the Service. Do not add content that is unlawful, hurtful or that you have no right to share.

The Service, its software, designs, illustrations, the bunny character and the Earbunny name belong to Omnibus, Ltd. or its licensors. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the app on Apple devices you own or control, as permitted by the App Store Usage Rules (family members may use it through Family Sharing where available). You may not copy, sell, rent, sublicense or modify the app, except where the law allows it despite this restriction.

AirPods, Apple, Apple Watch, iPhone and App Store are trademarks of Apple Inc. Earbunny works with AirPods but is not made, sponsored or endorsed by Apple.

If you got the app from Apple's App Store, these terms also apply:

• This agreement is between you and Omnibus, Ltd. only, not Apple. We, not Apple, are solely responsible for the app and its content.
• The licence above is limited to using the app on Apple-branded products you own or control, as permitted by the App Store Usage Rules.
• Apple has no obligation to provide any maintenance or support for the app. We provide support as described in these terms.
• If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation for the app, and any other claims, losses, liabilities, damages, costs or expenses arising from a failure to conform to a warranty are our responsibility.
• We, not Apple, are responsible for any claims by you or a third party relating to the app or your use of it, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws, including in connection with HealthKit.
• If a third party claims that the app or your use of it infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim.
• You confirm that you are not located in a country subject to a US Government embargo or designated by the US Government as a “terrorist supporting” country, and that you are not on any US Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms (for example your network provider's) when using the app.
• Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple has the right (and is deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

Questions, complaints or claims about the app go to us: Omnibus, Ltd., address available on request, support [at] earbunny.app.

Some features use services from others, such as Apple Health, Location Services, Sign in with Apple, Google sign-in and push notifications. Their own terms apply to them, and they may change or stop independently of us.

We keep improving Earbunny and may add, change or remove features. If a change takes away a significant part of a paid feature, we will tell you in advance, and you may cancel; where the law requires, you will get a pro-rata refund through Apple or from us.

We provide the Service with reasonable care and skill. Apart from that and your statutory rights (such as the legal guarantee of conformity for digital content in the EU and UK), the Service is provided “as is” and “as available”. We do not promise that it will be uninterrupted, error-free or that estimates and alerts will always be accurate or on time.

Nothing in these terms limits or excludes liability that cannot be limited by law, including liability for death or personal injury caused by negligence, for fraud, for intent or gross negligence, or under mandatory product liability or consumer protection law.

Subject to that, and only as far as the law of your country allows:

• we are not liable for loss that was not reasonably foreseeable, or for indirect loss such as lost profits or data you could have backed up;
• we are not liable for loss caused by late or missing alerts, by estimates that differ from real levels, or by a lost or damaged earbud;
• our total liability for all claims in any 12 months is limited to the greater of the amount you paid for the Service in those 12 months and 50 euros (or the equivalent in your currency).

You can stop using the Service at any time. Delete your account in the app under Settings → Delete account; the deletion is completed after 30 days unless you sign in again before then, and then it cannot be undone. Deleting the account does not cancel an App Store subscription: cancel it in your Apple Account settings.

We may end or suspend your access if you seriously or repeatedly break these terms, if the law requires it, or to protect a person's safety. Except in urgent cases we will warn you first and give you a chance to download your data. If we stop offering the Service entirely, we will give at least 30 days' notice.

These terms are governed by the law of the country where Omnibus, Ltd. is registered. If you are a consumer, you also keep the protection of the mandatory laws of the country (or state or province) where you live, and you may bring a claim in the courts there. Please contact us first at support [at] earbunny.app; most problems can be solved quickly. Consumers may also use an alternative dispute resolution body available in their country.

Türkiye: consumers can apply to the consumer arbitration committees (tüketici hakem heyetleri) or consumer courts as provided by Law No. 6502.

We may update these terms, for example when the Service or the law changes. We will tell you about important changes in the app or by email at least 30 days before they take effect (sooner only if the law requires it). If you do not agree, you can stop using the Service and delete your account before the change applies.

Omnibus, Ltd., address available on request. Legal questions: legal [at] earbunny.app. Help with the app: support [at] earbunny.app or the contact form.