Terms of Service

Apnealytics is provided by Creative Labs LLC, a Virginia limited liability company based in Lynchburg, Virginia. In these terms, "we", "us" and "our" mean Creative Labs LLC. You can reach us at info@apnealytics.com.

A few words we use throughout:

• Service means the Apnealytics website, the web portal at my.apnealytics.com, the iPhone, iPad and Android apps, our API and any related features.
• Account means the Apnealytics account you create, including any family logins on it.
• Your data means the files you upload (such as SD card files and oximeter exports), the health summaries you sync, and the notes, settings and other content you add.
• Pro and Free mean our paid and no-cost plans.

By creating an account or using the Service, you agree to these terms and to our Privacy Policy. If you do not agree, please do not use the Service.

You must be at least 18 years old to create an account. A person aged 13 to 17 may use the Service only with the consent and supervision of a parent or guardian, who accepts these terms on their behalf. The Service is not intended for children under 13.

If you use the Service for someone else, such as a family member, you confirm you have their permission.

Apnealytics is a tracking and coaching tool. It presents data your therapy machine, oximeter and phone already record.

Apnealytics is not a medical device. It has not been cleared or approved by the US Food and Drug Administration or any other regulator. It does not diagnose, treat, cure or prevent any condition. Numbers such as AHI, event counts and leak are estimates from your equipment, not clinical measurements. Screeners and calculators on our site are educational and cannot tell you whether you have a condition.

Do not change your therapy, settings or medication based on Apnealytics alone. Talk to your clinician. Apnealytics is not for emergencies. If you think you have a medical emergency, call your local emergency number.

Read more in our medical disclaimer.

You are responsible for your account and for keeping your sign-in details secure. Tell us promptly at info@apnealytics.com if you think someone has accessed your account without permission.

Please give us accurate information and keep your email address current, because we use it to sign you in and to send important notices.

Family logins. You can add more than one login to an account so family members can use it. The account owner is responsible for who they invite and for activity under those logins. A Pro plan applies to the whole account.

You own your data. Uploading it to Apnealytics does not transfer ownership to us.

The licence we need. To run the Service, you give us a limited, worldwide, non-exclusive, royalty-free licence to host, store, copy, process and display your data, only as needed to provide, secure, support and improve the Service for you, and as described in our Privacy Policy. This licence ends when your data is deleted, except for copies we must keep by law or that remain for a limited time in backups.

We do not sell your data, and we do not show ads. We do not use your health data for advertising.

Export and deletion. You can export your data at any time, on any plan. You can delete your account and data from your settings; deletion completes within 30 days. See export or delete your data.

Only upload data about yourself or people who have given you permission.

Plans. Apnealytics offers a Free plan at no cost and a Pro plan at $8.99 per month or $99.99 per year, per account. What each plan includes is described on our pricing page. Prices are in US dollars unless shown otherwise.

How billing works. Our subscriptions are managed through RevenueCat, a subscription management service. You can buy Pro:

• on the web, by card; or
• as an in-app purchase through the Apple App Store or Google Play.

In-app purchases are billed and processed by Apple or Google under their terms, and you manage them in your App Store or Google Play account. Web purchases are processed through our billing provider on our behalf.

Automatic renewal. Pro renews automatically at the end of each monthly or yearly period, at the then-current price, until you cancel. By subscribing, you authorise us (or Apple or Google) to charge your payment method for each renewal.

Cancelling. You can cancel any time. Cancel web subscriptions in your account settings; cancel store subscriptions in the App Store or Google Play. Cancelling stops the next renewal. You keep Pro access until the end of the period you have paid for, then the account moves to Free. Your data stays; features limited to Pro, such as history beyond the last 30 nights, become unavailable until you subscribe again. See manage subscription and billing.

Refunds. Refunds for App Store and Google Play purchases are handled by Apple and Google under their policies; we cannot issue them directly. For web purchases, contact us and we will consider refunds case by case, except where the law gives you a right to a refund.

Price changes. We may change prices. If we raise the price of your subscription, we will tell you at least days before it applies, and it will take effect at your next renewal. You can cancel before then.

Taxes. Prices may not include sales tax, VAT or similar taxes, which may be added where required.

Comp codes. We may offer promotional or complimentary codes. Each code has its own terms, such as length and eligibility, has no cash value, and cannot be resold.

Ask your data lets you ask questions about your own therapy data. To use it, you bring your own API key from a supported AI provider, such as OpenAI or Anthropic ("BYOK").

• The key is yours. You are responsible for it, for any charges your provider makes, and for following your provider's terms.
• When you use the feature, the relevant parts of your data are sent to your chosen provider to generate an answer. The provider's own terms and privacy policy apply to that processing.
• The feature is read-only and scoped to your account. It cannot change your data or settings.
• AI answers can be wrong or incomplete. They are not medical advice. Check anything important with your clinician.

You can remove your key at any time.

On Pro you can create share links so a clinician or someone else can view a read-only summary of your therapy. Share links are tokenized, aggregate-only, not indexed by search engines, and exclude health identifiers by default. You can revoke a link at any time.

Anyone with a link can view it until you revoke it or it expires, so share carefully. We are not responsible for what a recipient does with information you chose to share.

Personal API. Pro includes a personal API and API keys for your own use. Keep your keys secret, do not share them, and use the API within reasonable limits we set. We may rate-limit or revoke keys that are misused.

Apple Health and Health Connect. If you connect Apple Health or Android Health Connect, only the daily summaries described in our Privacy Policy are shared with Apnealytics, and only with your permission. You can disconnect at any time in your phone's settings.

Devices. Apnealytics reads data from third-party machines and oximeters, whose manufacturers' terms apply to their devices and apps. We depend on what each device records, and we are not responsible for errors or gaps in that data.

Please do not:

• break the law, or use the Service to harm anyone;
• access another person's account or data without permission;
• upload malware, or try to probe, disrupt, overload or get around the security of the Service;
• scrape, copy or resell the Service, or use it to build a competing product;
• reverse engineer the Service, except where the law allows it;
• misrepresent who you are or your relationship with someone whose data you upload.

The Service, including our software, design, text and the Apnealytics name and logo, belongs to Creative Labs LLC or its licensors. We give you a personal, limited, non-transferable, revocable right to use it under these terms, and no other rights in our intellectual property.

Feedback. If you send us ideas or suggestions, we may use them without owing you anything.

Sample data. If you send sample files through our feedback page, you give us a limited licence to store and use them only to investigate your report and to build, test or fix support for devices. We keep them separately from user accounts and delete them as described on that page, or sooner if you ask.

The Service relies on third parties such as cloud hosting, sign-in, email delivery, RevenueCat, the App Store, Google Play and AI providers you choose. Links to other websites, such as equipment sellers, are for convenience. Third-party services have their own terms, and we are not responsible for them.

We work to keep Apnealytics reliable, but cannot promise it will always be available or error-free. We may pause it for maintenance or reasons outside our control.

We improve the Service over time. We may add, change or remove features. If we remove a significant paid feature during your subscription period, we will tell you and, where appropriate, offer a pro-rated refund or other remedy.

You can stop using the Service and delete your account at any time.

We may suspend or close your account if you seriously or repeatedly break these terms, if required by law, or to protect users or the Service. Where reasonable, we will tell you first and give you a chance to fix the problem and to export your data.

If we close the Service entirely, we will give you reasonable notice and time to export your data.

Sections that by their nature should continue after termination, including 5 (data licence while copies exist), 11, 15, 16, 17 and 18, continue to apply.

To the extent the law allows, the Service is provided "as is" and "as available". We do not promise that the Service, its analysis, scores, screeners, calculators or AI answers are accurate, complete or suitable for any particular purpose, including any medical, insurance or legal purpose. We disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Some places do not allow these disclaimers, so some may not apply to you.

To the extent the law allows:

• We are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if we were told they were possible.
• Our total liability for all claims relating to the Service is limited to the greater of the fees you paid us in the 12 months before the claim arose, or US $100.

Nothing in these terms limits liability that cannot be limited by law, such as liability for fraud or, where applicable, for death or personal injury caused by negligence.

If you break these terms or the law, or upload data you had no right to upload, and someone makes a claim against us as a result, you agree to cover our reasonable losses and costs from that claim.

We will defend you against third-party claims that your authorised use of the Service, as we provide it, infringes their intellectual property, and cover the resulting damages. This does not apply to claims caused by your data, your changes, or your use of the Service with things we did not provide.

These terms are governed by the laws of the Commonwealth of Virginia, USA, without regard to conflict-of-law rules.

Talk to us first. If you have a problem, email info@apnealytics.com and give us 30 days to try to resolve it informally.

If that does not work. Nothing here stops either of us from bringing an individual claim in small claims court, or prevents you from using rights you have under the consumer laws of the place you live.

We may update these terms. If a change is material, we will tell subscribers by email or in the app at least 30 days before it takes effect. We will also update the "Last updated" date. If you keep using the Service after the change takes effect, you accept the new terms. If you do not agree, you can cancel and delete your account before then.

Creative Labs LLC Lynchburg, Virginia, USA Email: info@apnealytics.com Help center: help.apnealytics.com