Terms of Service

Last Updated: 2025-07-22

---

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and NeurodiverseNights ("we," "us," or "our"), concerning your access to and use of the `neurodiversenights.aibuilt4.fun` and `neurodiversenights.com` websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Website”).

You agree that by accessing the Website, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Website after the date such revised Terms of Service are posted.

2. Description of Service

The Website provides users with access to audio content, specifically bedtime stories and calming narratives, often embedded from third-party platforms like YouTube ("Content"). The Website may also include blog posts, informational articles, a contact form, and links to external websites, including online stores (`neurodiverse.store`, `neurodiversenights.store`) and social media platforms.

The Content and information provided on the Website are primarily intended for relaxation, entertainment, and potentially aiding sleep, particularly for neurodiverse individuals and anyone seeking calm. It is provided for informational and personal use only.

3. Intellectual Property Rights

Unless otherwise indicated, the Website and its Content are our proprietary property. All source code, databases, functionality, software, website designs, audio (including original story scripts and narration, excluding third-party background music unless licensed appropriately), video (excluding YouTube embeds), text, photographs, and graphics on the Website (collectively, the “Proprietary Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws.

The Proprietary Content and the Marks are provided on the Website “AS IS” for your information and personal, non-commercial use only. Except as expressly provided in these Terms of Service, no part of the Website, Content, Proprietary Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

Content embedded from third-party services like YouTube is subject to the terms and conditions of those respective services.

4. User Representations

By using the Website, you represent and warrant that: (1) all registration information you submit (if any) will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not a minor in the jurisdiction in which you reside (or if a minor, you have received parental permission to use the Website); (5) you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Website for any illegal or unauthorized purpose; and (7) your use of the Website will not violate any applicable law or regulation.

5. Prohibited Activities

You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Website, you agree not to:

• Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Circumvent, disable, or otherwise interfere with security-related features of the Website.
• Engage in unauthorized framing of or linking to the Website.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords (if applicable).
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
• Use any information obtained from the Website in order to harass, abuse, or harm another person.
• Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise not approved by us.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
• Use the Website in a manner inconsistent with any applicable laws or regulations.

---

6. Third-Party Websites and Content

The Website contains (or you may be sent via the Website) links to other websites ("Third-Party Websites") such as social media platforms and online stores (`neurodiverse.store`, `neurodiversenights.store`), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video (e.g., YouTube embeds), information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website.

Any purchases you make through Third-Party Websites (such as `neurodiverse.store` or `neurodiversenights.store`) will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services.

7. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED (IF APPLICABLE) AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

8. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time.

We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website.

9. Governing Law

These Terms of Service and your use of the Website are governed by and construed in accordance with the laws of Australia applicable to agreements made and to be entirely performed within Australia, without regard to its conflict of law principles.

10. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating mediation, arbitration or court proceeding. Such informal negotiations commence upon written notice from one Party to the other Party.

Mediation

If the Parties are unable to resolve a Dispute through informal negotiations, the Parties agree to endeavor to settle the Dispute by mediation. The Parties shall mutually agree on a suitable mediator. If the Parties cannot agree on a mediator within fourteen (14) days, either Party may request a mediator be appointed by the Chair of Resolution Institute or their nominee. The mediation will be conducted in accordance with the Resolution Institute Mediation Rules or as otherwise agreed by the Parties. The Parties agree to participate in the mediation in good faith and use their best endeavors to resolve the Dispute. The costs of the mediator shall be shared equally between the Parties, unless otherwise agreed.

Further Action

If the Dispute is not resolved by mediation within sixty (60) days of the appointment of the mediator, or such further period as the Parties may agree in writing, then either Party may pursue further legal action, such as arbitration or litigation, as permitted by applicable law and these Terms of Service.

---

11. Disclaimers

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK.

NO MEDICAL OR THERAPEUTIC ADVICE: THE CONTENT PROVIDED ON THE WEBSITE, INCLUDING ALL AUDIO STORIES, NARRATIVES, AND ARTICLES, IS FOR INFORMATIONAL, ENTERTAINMENT, AND RELAXATION PURPOSES ONLY. IT IS NOT INTENDED AS, AND SHALL NOT BE UNDERSTOOD OR CONSTRUED AS, MEDICAL, PSYCHOLOGICAL, OR THERAPEUTIC ADVICE, DIAGNOSIS, OR TREATMENT. THE CONTENT IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER, THERAPIST, OR OTHER MENTAL HEALTH PROFESSIONAL. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL OR MENTAL HEALTH CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE HEARD OR READ ON THIS WEBSITE.

NO GUARANTEE OF RESULTS: WHILE THE CONTENT IS DESIGNED TO BE CALMING AND SOOTHING, WE MAKE NO GUARANTEES REGARDING ITS EFFECTIVENESS FOR IMPROVING SLEEP, REDUCING ANXIETY, OR ACHIEVING ANY SPECIFIC MENTAL OR PHYSICAL STATE. INDIVIDUAL RESULTS MAY VARY.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

12. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING (OR $50 AUD IF NO AMOUNT HAS BEEN PAID). CERTAIN JURISDICTIONAL LAWS (INCLUDING AUSTRALIAN CONSUMER LAW) MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST BE READ SUBJECT TO THOSE STATUTORY PROVISIONS. IF THOSE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH WE ARE ENTITLED TO DO SO, OUR LIABILITY UNDER THOSE PROVISIONS WILL BE LIMITED, AT OUR OPTION, TO: (A) THE SUPPLYING OF THE SERVICES AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

13. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Website; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.

14. Miscellaneous

These Terms of Service and any policies or operating rules posted by us on the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

15. Contact Us

In order to resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact us using our Contact Form.