For me buds 2 Terms of Use

Effective Date: October 6, 2026

Please read these Terms of Use (the "Terms") carefully. These Terms apply to your use of the For me buds 2 mobile app (the "App") provided by Sleepwave Inc. (the "Company"), the companion functionality of the For me buds 2 wearable device (the "Device"), and the content and features provided through the App (collectively, the "Service").

For me buds 2 is a sleep earbud equipped with a PPG (photoplethysmography) sensor and an accelerometer, designed to measure your sleep state and provide sounds suited to sleep in order to help improve your sleep quality.

This Service can be used without signing up or logging in, and your sleep and biometric measurement data is processed and stored only on your device and is not sent to the Company's servers in the course of ordinary use of the Service. However, if you use the data backup feature, Article 4(6) applies.

The first time you launch the App, we will explicitly ask you to agree to these Terms, and you will not be able to use the Service if you do not agree.

Information about how the Company handles personal information is available in the Privacy Policy, which you can view at any time from the App's settings menu.

This Service is not a medical device and does not provide medical advice or diagnosis. See Article 8 for details.

Article 1 (Purpose)

These Terms govern the rights, obligations, and responsibilities between the Company and users in connection with their use of the Service provided by the Company, along with other necessary matters.

Article 2 (Definitions)

"App" means the For me buds 2 mobile application provided by the Company.
"Device" means the For me buds 2 wearable earbud hardware sold by the Company.
"Service" means the App and all features and content provided through the App, including sleep measurement, sound playback, and firmware updates.
"Sleep Data" means data such as sleep stages, heart rate, and movement that is measured by the Device's sensors and displayed and stored in the App.
"User" means a person who has agreed to these Terms and uses the Service.

Article 3 (Effect and Amendment of These Terms)

These Terms take effect when you agree to them the first time you launch the App.
The Company may amend these Terms within the scope permitted by applicable law, including the Act on the Regulation of Terms and Conditions.
When the Company amends these Terms, it will give notice within the App, specifying the effective date and the reason for the change, starting at least 7 days before the effective date. However, if a change is disadvantageous to users, notice will be given at least 30 days in advance.
If you continue using the Service after the effective date of amended Terms, you will be deemed to have agreed to the amended Terms. If you do not agree to the amended Terms, you may discontinue using the Service.

Article 4 (Nature of the Service: Accountless, On-Device Structure)

This Service does not require you to create an account or log in.
Measurement data, including Sleep Data, is stored only on your smartphone and Device, and is not transmitted to or collected by the Company's servers in the course of ordinary use of the Service.
Because of this structure, the Company cannot access your Sleep Data unless you use the data backup feature described in paragraph 6 below, and you are responsible for the following:
- Backing up and retaining your data: If you uninstall the App, reset or replace your smartphone, or clear the App's data, your stored Sleep Data cannot be recovered. Even when replacing your device, you cannot transfer your existing data to a new device without using the backup file described in paragraph 6 below.
- Loss of data due to loss or malfunction of your smartphone, etc.
Because no data exists on the Company's servers, the Company cannot fulfill requests for data recovery, device-to-device data transfer, or similar requests, except where you request recovery assistance using the backup file described in paragraph 6.
The App may provide an AI-based sleep analysis and chat feature (the "AI Report"). The AI Report works by downloading a publicly available AI model to your device and running it directly on-device; the sleep data and conversation content used in the analysis are not transmitted to the Company's servers. Because the AI model file is large (approximately 2.6GB), the App provides separate notice about whether to download it and about data usage the first time you use the feature, and you may proceed with the download only after reviewing that notice.
The App may provide a feature that lets you export your sleep data directly as an encrypted file (a "Backup File") in preparation for situations such as replacing your device. The Backup File is encrypted with a password that you set, and separately, a structure is in place that allows it to also be opened using a key held by the Company, so that customer support can help you recover it if you lose your password. The App displays notice about this structure on the screen where you actually use the backup feature, and further details are available in the Privacy Policy.

Article 5 (Eligibility)

This Service is intended for individuals aged 16 or older. By using the Service, you represent and warrant that you are at least 16 years old.
The Device is not a toy and is not designed for use by children. Please take care to keep the Device away from children.

Article 6 (License and Intellectual Property)

The Company grants you a limited, non-exclusive, non-transferable right to use the App for personal, non-commercial purposes, subject to these Terms.
All intellectual property rights in the App, the Service, and the content within them (including software, design, sound recordings, text, and graphics) belong to the Company or other rightful owners.
These Terms do not transfer any intellectual property rights to you, and all rights not expressly granted are reserved by the Company.
The App may include open source software, which is subject to its respective open source license terms.

Article 7 (Prohibited Conduct)

You must not, directly or through a third party, do any of the following:

Reproduce, modify, or distribute all or part of the App or Service, or create derivative works based on them
Reverse-engineer, decompile, or disassemble the App or Device firmware, or attempt to extract its source code (except to the extent expressly permitted by applicable law)
Extract, reproduce, distribute, or commercially use sound recordings or other content included in the Service outside of the Service
Distribute viruses or malicious code, or interfere with the normal operation of the Service
Resell, lease, or rent the App or Service, or provide it to a third party for profit
Remove or alter copyright notices or other rights notices
Use the Device's recording features, including snoring recording, to record the voice or sounds of a third party (such as someone who shares your home) without their consent, or share or leak any such recording to a third party
Use the Service in a manner that violates applicable law or these Terms

Article 8 (Medical Disclaimers and Limitation of Liability)

This Service and the Device are not medical devices and are not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition.
Sleep Data and related information provided by the Service, including the AI Report, are for general wellness and reference purposes only, and cannot replace the advice, diagnosis, or treatment of a medical professional. The AI Report is a reference summary/conversation generated from data on your device, and the Company does not guarantee the accuracy or completeness of its content.
If you suspect a health issue such as a sleep disorder, please consult a medical professional. Do not disregard professional medical advice or delay seeking treatment because of information obtained from the Service.
Measurements obtained through sensors such as the PPG sensor may differ from actual values depending on factors such as your physical characteristics, how the Device is worn, and the surrounding environment, and results may vary from typical cases depending on medical conditions or physiological characteristics.
The snoring recording and analysis provided by the Service are not intended to diagnose or screen for sleep apnea or other sleep-related breathing disorders, and biometric measurements such as heart rate are not designed to detect or respond to emergencies. If you experience warning signs such as difficulty breathing, severe snoring, or an irregular heartbeat, please seek medical attention immediately, regardless of the Service's measurement or analysis results.
If you change your sleep or lifestyle habits based on information from the Service, you are responsible for that choice and its consequences, and the Company is not liable for any resulting damages unless caused by the Company's intent or gross negligence.
Do not put the Device in your mouth or swallow it.

Article 9 (Changes to and Suspension of the Service)

The Company may change the App's features, content, design, and other aspects to improve the Service, and may add new features or modify or remove existing features through App updates. You may need to install the latest version from the app store to use the latest version of the Service.
Network-based features such as the delivery of sound content and firmware updates may be temporarily limited for the following reasons:
- System inspection, maintenance, or equipment replacement
- A failure of a communication network or content delivery system
- A natural disaster or other cause beyond the Company's control
If the Company discontinues all or part of the Service, it will give notice within the App or by other means at least 30 days before the discontinuation date. Even after the Service is discontinued, Sleep Data stored on your device and features that work offline may continue to be used to the extent technically possible, but the Company does not guarantee their continued operation.
The Company is not liable for any damages arising from changes, suspension, or discontinuation of the Service under this Article, unless caused by the Company's intent or gross negligence.

Article 10 (Device Hardware)

Matters relating to the warranty, exchange, return, and repair of the Device hardware are governed not by these Terms but by the sales terms of your point of purchase and the Company's product warranty policy.

Article 11 (Third-Party Services)

The Service may integrate with third-party services, such as app stores and operating system features. Use of such third-party services is subject to the relevant third party's terms and privacy policy, and the Company is not responsible for third-party services.
If the Service contains links to third-party websites, they are provided for your convenience, and the Company does not endorse those websites.

Article 12 (Disclaimer of Warranties)

The Company provides the Service "as is," and, to the extent permitted by applicable law, makes no express or implied warranties as to the completeness, accuracy, or fitness for a particular purpose of the Service.
The Company does not warrant that the Service will be provided without interruption or error.
This Article does not limit consumer rights under applicable law, including the Framework Act on Consumers. The laws of some countries or regions do not allow the exclusion or limitation of implied warranties, so such exclusions or limitations apply only to the extent permitted by the applicable law in those cases.

Article 13 (Indemnification and Limitation of Liability)

If the Company or a user causes damage to the other party by breaching these Terms, the breaching party is liable for that damage.
The Company is not liable for the following damages unless caused by the Company's intent or gross negligence:
- Damages caused by a natural disaster or similar force majeure event
- Data loss and damages caused by circumstances attributable to the user (such as inadequate device management, uninstalling the App, or losing the smartphone)
- Damages caused by a failure of a third-party service, a communication network, or the smartphone's operating system
- A user's failure to obtain the benefits they expected from using the Service (such as improved sleep)
To the extent permitted by applicable law, the Company's liability is limited to ordinary damages, and the Company is liable for damages arising from special circumstances only if the Company knew or could have known of those circumstances.
This Article does not apply to damages caused by the Company's intent or gross negligence, or to liability that cannot be excluded under applicable law.
If the mandatory consumer protection laws of the country or region where you reside provide you with stronger protection than the limitations of liability in this Article, this Article does not affect the protection guaranteed by such mandatory laws.

Article 14 (App Store Provisions)

If you downloaded the App through an app marketplace such as the Apple App Store or Google Play (an "App Store"), additional terms of that App Store may apply to your use of the App. The rights to use the App granted to you under these Terms are valid only to the extent permitted by the Usage Rules set by the relevant App Store.
These Terms are an agreement between the Company and you, and the operator of the App Store is not a party to these Terms. The App Store operator has no obligation to provide maintenance or support for the App, and is not responsible for any claims relating to the App, including claims relating to product liability, legal non-compliance, or infringement of intellectual property rights.
Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms, and if you agree to these Terms, Apple will have the right to enforce these Terms against you.
In using the Service, you must comply with applicable export control and economic sanctions laws of the Republic of Korea and of any country to which you are subject, and you represent and warrant that you have not been designated as a sanctioned country or sanctioned party under such laws.
Please direct any complaints about app quality or the Service, or any warranty-related inquiries, to the Company's (developer's) contact information listed in Article 17, not to the App Store.

Article 15 (Governing Law and Dispute Resolution)

These Terms are governed by and construed in accordance with the laws of the Republic of Korea. However, if the mandatory consumer protection laws of the country or region where you reside require a different governing law, or provide protections to consumers that apply regardless of the governing law under this paragraph, those mandatory laws will prevail to that extent.
If a dispute arises between the Company and a user in connection with use of the Service, both parties will first make a good-faith effort to resolve it through consultation.
Any lawsuit over a dispute that cannot be resolved through consultation will be filed with the court having jurisdiction under the Civil Procedure Act. This does not affect any right you may have under the law of your country of residence to bring a claim before a different court.
Users may apply for mediation with relevant bodies, such as the Korea Consumer Agency or the Content Dispute Mediation Committee, to resolve disputes.

Article 16 (Miscellaneous)

If any provision of these Terms is held invalid, the remaining provisions remain in effect.
Matters not addressed in these Terms are governed by applicable law and customary practice.
These Terms are written in Korean and may be translated into other languages for your convenience. If a translation differs from the Korean version, or if translations differ from one another, the Korean version shall prevail unless otherwise required by applicable law.

Article 17 (Contact Information)

Please direct any inquiries about these Terms or the Service to:

Company Name: Sleepwave Inc.
Address (Korea HQ): 14, Magokjungang 8-ro, Gangseo-gu, Seoul, 07801, Republic of Korea
Address (USA): 880 S Coit Rd #1602, Prosper, TX, 75078, USA
Phone: +82-2-1551-4024
Email: contact@dbbeats.com

Supplementary Provision

These Terms are effective as of October 6, 2026.