Terms & Conditions

Last Updated: July 21, 2026

1. Agreement to Our Legal Terms

We are Absolute Pitch, Inc. ("Company," "we," "us," "our"), a company registered in Texas, United States, doing business as Dial Up Delta, located at 1722 Pecan Crossing Dr, Richmond, TX 77406.

We operate the website sweetdeepsleep.com and the Dial Up Delta Android application, together with any related content and services that refer or link to these Legal Terms (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Legal Terms. If you do not agree, you must discontinue use immediately.

2. Our Service

The information provided when using the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

3. User Representations

By using the Service, you represent and warrant that: all registration information you submit will be true, accurate, current, and complete; you will maintain and promptly update it; you have the legal capacity to comply with these Legal Terms; you are not a minor — Dial Up Delta is an adult-only Service; you will not access the Service through automated or non-human means; and your use will not violate any applicable law or these Legal Terms.

4. Eligibility

Dial Up Delta is an adult-only Service. Accounts may only be created and held by users who are 18 years of age or older, and the Service is not directed to, marketed to, or intended for use by minors under any circumstance.

5. Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make it available. You agree not to: systematically retrieve data or content to build a collection, compilation, database, or directory without our written permission; circumvent, disable, or interfere with security-related features; engage in unauthorized framing of or linking to the Service; impersonate another user or person; upload or transmit viruses or other harmful material; interfere with or disrupt the Service or connected networks; copy, redistribute, or resell any portion of the Dial Up Delta sound and program library outside the license granted under Section 6; reverse engineer or decompile any portion of the Service except where prohibited by applicable law; attempt to defraud or mislead us or other users; use a buying or purchasing agent on the Service; sell, rent, lease, or transfer your account to any other party; use the Service to compete with us or for unauthorized commercial purposes; collect user information for unsolicited communications or create accounts under false pretenses; misuse our support channels; upload any passive or active information-collection mechanism except as disclosed in our Privacy Policy; remove or alter any proprietary rights notice; or use the Service inconsistent with applicable law.

6. Intellectual Property Rights

The Service and all content, features, and functionality, including the Dial Up Delta sound and program library, are owned by the Company, its licensors, or other providers, and are protected by U.S. and international IP law. The Service's core method is covered by Provisional Patent #63527654. Subject to your compliance with these Legal Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and its content solely for your personal, non-commercial use. You may not redistribute, sublicense, sell, rent, lease, or otherwise make any portion of the sound/program library available to any third party.

7. Feedback and Usage Data

Dial Up Delta may invite users to submit optional session Feedback consisting of: a 1–5 star rating; which of the available sounds was used; session duration (10, 20, or 30 minutes); and a timing offset (−15 to +15 minutes) reflecting adjustment from the default schedule. This Feedback is paired only with the user's age range and gender, and is not tied to name, email address, or account ID. By submitting Feedback, you grant the Company a perpetual, worldwide, royalty-free license to use, reproduce, and incorporate it for any purpose, without obligation to compensate you.

8. Subscriptions, Billing, and Cancellation

Dial Up Delta is offered at $4.99/month or $39.00/year, with a 3-day free trial, billed through our payment processor, Stripe (as applicable) or the relevant App Distributor's billing system, to the payment method on file. A Bluetooth headband (approximately $15) is highly recommended for full functionality but is not required to begin using the Service. We may change fees from time to time, with notice before your next billing cycle.

8.1 Cancellation. You may cancel at any time. Cancellation is effective as of the date you submit your request. You retain access through the end of the billing period already paid for.

8.2 Refunds. Refunds follow this schedule, measured from the start of the billing period to the date of cancellation: if more than half the paid period has elapsed, no refund; if exactly half has elapsed, treated as less than half elapsed, and half the amount paid is refunded; if less than half has elapsed, half the amount paid is refunded. This schedule applies to Monthly and Annual plans as Dial Up Delta currently bills; it is not modeled on any prepaid multi-year tier, since Dial Up Delta does not offer one.

8.3 Service and Library Availability. If the Service, or more than 25% of the Dial Up Delta sound and program library, is unavailable for more than 25% of your then-current subscription period, you may request a refund for that period by contacting us.

9. Mobile Application License

Where the Service is made available to you as a mobile application through Google Play (an "App Distributor"), the following additional terms apply.

Use License. Subject to your compliance with these Legal Terms, we grant you a revocable, non-exclusive, non-transferable, limited license to install and use the application on a device you own or control, solely for your personal, non-commercial use. You may not: decompile, reverse engineer, or disassemble the application except as permitted by applicable law; modify, adapt, or create derivative works from it; remove or obscure any proprietary notice; use it for any revenue-generating or commercial purpose for which it is not designed; make it available over a network for simultaneous use by multiple devices or users; or use it to build a competing product or service.

App Distributor Terms. You acknowledge that: (a) these Legal Terms are between you and the Company only, not the App Distributor, and the App Distributor has no obligation to furnish maintenance or support; (b) if the application fails to conform to any applicable warranty, you may notify the App Distributor, who may refund the purchase price (if any) in accordance with its own terms; (c) the App Distributor is not responsible for addressing any claims relating to the application; and (d) the App Distributor, and its subsidiaries, is a third-party beneficiary of this Section and has the right to enforce it against you directly.

10. Term and Termination

These Legal Terms remain in effect while you use the Service. We may suspend or terminate your access, without notice, for any actual or suspected violation, at our sole discretion.

11. Modifications and Interruptions

We reserve the right to change, modify, or remove the Service's contents at any time, and to suspend or discontinue the Service, without liability.

12. Corrections

There may be typographical errors, inaccuracies, or omissions in the Service, including descriptions, pricing, and availability. We reserve the right to correct these and update information at any time, without prior notice.

13. Governing Law

These Legal Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-law principles.

14. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Legal Terms or the Service shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual action in small claims court.

The arbitration will be held in Fort Bend County, Texas. YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. Claims must be brought in an individual capacity only.

15. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

Dial Up Delta is a wellness product. It is not a medical device, is not intended to diagnose, treat, cure, or prevent any disease or condition, including any sleep disorder, and is not a substitute for professional medical advice. See also our separate Disclaimer and the Alertness and Safety notice in Section 16.

16. Alertness and Safety

Do not use Dial Up Delta, and do not engage in any activity requiring full alertness — including driving or operating machinery — until you are fully awake. The Service, including its wake-up programs, is designed to operate during the drowsy, not-fully-alert portion of waking and is not intended for use during, or immediately before, any activity requiring sustained attention or alertness.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE. THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE COMPANY FOR DIAL UP DELTA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

18. Indemnification

You agree to defend, indemnify, and hold harmless the Company from any claim or demand made by any third party arising out of your use of the Service or your violation of these Legal Terms.

19. User Data

We maintain certain data you transmit to the Service for the purpose of operating and improving it. While we perform routine backups, you are solely responsible for any data relating to your use of the Service, and we have no liability for any loss or corruption of such data, however caused.

20. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, incorporated by reference.

21. Third-Party Websites and Content

The Service may contain links to third-party websites or content not owned or controlled by us. We are not responsible for the content, accuracy, or practices of any third-party site.

22. Electronic Communications, Transactions, and Signatures

By using the Service, you consent to receive communications from us electronically, and agree that such communications satisfy any legal requirement that they be in writing. You agree to the use of electronic signatures, contracts, and records, and waive any right to require a non-electronic signature or record, to the extent permitted by law.

23. California Users and Residents

If you are a California resident and a complaint is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

24. Miscellaneous

These Legal Terms and any policies posted by us constitute the entire agreement between you and the Company. Our failure to enforce any right or provision is not a waiver of it. If any provision is unlawful, void, or unenforceable, it is severable and does not affect the remaining provisions.

25. Contact Us