Terms of Use

01Parties

These Terms are between you and Another Green World LLC only, not Apple Inc. or its affiliates ("Apple"). We, not Apple, are solely responsible for the App and its content, and Apple has no responsibility or liability under these Terms. Apple and its subsidiaries are, however, third-party beneficiaries of these Terms and may enforce them against you.

02Purchases and Subscriptions

The App is currently free to download and use, and it offers no purchases or subscriptions. If we introduce paid features, we will update these Terms to explain how billing, renewals, cancellations and refunds work before you can buy anything.

03License

As long as you comply with these Terms, we grant you a limited, worldwide, non-exclusive, non-transferable, revocable license to install and use the App for lawful, personal purposes, and only on an iPhone that you own or control (including through Family Sharing), in line with Apple's Media Services Terms and Conditions.

Parts of the App, such as signing in, use Wi-Fi or mobile networks, and you may use the App on those networks. No transmission over a Wi-Fi or mobile network is completely secure, and we are not responsible for any breach or compromise of data sent over one.

04License Restrictions

Unless these Terms expressly allow it, you may not, and may not let anyone else, in whole or in part:

• Copy the App;
• Reverse engineer, decompile, disassemble, translate or modify the App, except where the law expressly permits it;
• Sell, rent, sublicense, distribute, publish, assign or otherwise transfer any rights in the App without our prior written consent;
• Create derivative works based on the App;
• Let anyone else benefit from the App through timesharing, a service bureau or a similar arrangement;
• Extract, copy or repackage the App's recordings or generated tones;
• Remove any proprietary notice or branding from the App; or
• Use the App in any way that harms our rights in it, breaks the law, or harms anyone.

The App's source code is our confidential and proprietary information. When you use the App you must also comply with any third-party terms that apply to you, such as your wireless data plan.

05Health and Safety

Read this part.

• Do not use Node if you have epilepsy, a seizure disorder, or any history of seizures without clearing it with a doctor first. Rhythmic sound can, in rare cases, trigger a seizure in people who are susceptible.
• Never listen while driving, cycling, or operating machinery. Sleep and meditation sessions are designed to make you drowsy, and they work.
• Speak to a doctor first if you are pregnant, have a heart condition, wear a pacemaker or other implanted device, or are being treated for a mental health condition.
• Stop the session if you feel dizzy, nauseous, anxious, disoriented, or get a headache. These effects are uncommon and should pass; if they do not, see a doctor.
• Protect your hearing. Keep the volume comfortable — if you could not hear someone speaking normally beside you, it is too loud. Long sessions at high volume damage hearing permanently.

06Not a Medical Device

THE APP IS NOT A MEDICAL PRODUCT OR DEVICE. IT DOES NOT PROVIDE MEDICAL ADVICE OR SERVICES, AND IT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, MITIGATE OR PREVENT ANY DISEASE OR CONDITION. IT IS INTENDED ONLY TO SUPPORT GENERAL WELLBEING. NOTHING IN THE APP, ON OUR WEBSITE, IN ANY APP STORE LISTING OR ON OUR SOCIAL MEDIA IS A MEDICAL CLAIM OR A SUBSTITUTE FOR ADVICE FROM A HEALTHCARE PROFESSIONAL. THE APP'S EFFECTS HAVE NOT BEEN EVALUATED BY THE FDA OR ANY OTHER MEDICAL REGULATOR, AND RESULTS VARY FROM PERSON TO PERSON. IF YOU HAVE ANY CONCERN ABOUT HOW THE APP AFFECTS YOUR HEALTH, TALK TO YOUR HEALTHCARE PROFESSIONAL.

07Age

Node is not intended for anyone under 13. If you are under 18, use it only with a parent or guardian's knowledge.

08Your Account

You are responsible for keeping your account secure and for what happens under it. You may delete your account at any time from the Account screen in the App.

09Term and Termination

These Terms and your license continue until either of us ends them. You may end them at any time by permanently deleting the App and all copies of it. They end automatically if you break any of them. When they end, you must stop using the App and delete all copies of it.

10Ownership

Apart from the rights these Terms expressly give you, we keep all rights, title and interest in the App, its audio, its artwork and its name, including all copyright, patent, trade secret, trademark and other intellectual property rights in them.

11Warranty Disclaimer

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND WE SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE APP WILL BE ERROR-FREE OR UNINTERRUPTED, THAT IT WILL MEET YOUR NEEDS, OR THAT IT WILL HAVE ANY PARTICULAR EFFECT ON YOUR SLEEP, FOCUS, MOOD, HEALTH OR WELLBEING. TO THE FULLEST EXTENT THE LAW ALLOWS, APPLE HAS NO WARRANTY OBLIGATION OF ANY KIND WITH RESPECT TO THE APP.

Some jurisdictions do not allow some of these exclusions, so some may not apply to you. If a warranty cannot be excluded by law and the App fails to conform to it, you may notify Apple, and Apple will refund the purchase price of the App, if any. To the fullest extent the law allows, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are our sole responsibility.

12Privacy

Our Privacy Policy explains what information the App collects and how we use it. Apple may also collect and use data about your use of the App under its own privacy policy and App Store terms. We do not control that data collection and are not responsible for it.

13Support

We may, but do not have to, provide support, maintenance, updates or fixes for the App, and we may change the App at any time without notice. Apple has no obligation to provide support or maintenance for the App, so please contact us, not Apple, for help. Where the law requires support to be provided, we, not Apple, will provide it.

14Third-Party Claims

We are not obliged to defend you or hold you harmless against third-party claims relating to the App, including claims that your possession or use of the App infringes someone else's intellectual property rights. Where the law requires us to provide that protection, we, not Apple, are solely responsible for investigating, defending, settling and discharging the claim. Nothing in these Terms admits or implies that any such claim exists.

15Product Claims

We, not Apple, are responsible for addressing any claim you have 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. Nothing in these Terms admits or implies that you have any such claim.

16Limitation of Liability

TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER WE NOR OUR AFFILIATES OR LICENSORS WILL BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST DATA, LOSS OF BUSINESS, GOODWILL OR REPUTATION, OR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF WE HAVE BEEN TOLD THEY ARE POSSIBLE. OUR TOTAL LIABILITY TO YOU UNDER THESE TERMS, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT, NEGLIGENCE AND STRICT LIABILITY, WILL NOT EXCEED FIFTY U.S. DOLLARS ($50). IN PARTICULAR, WE ARE NOT LIABLE FOR ANY EFFECT, OR LACK OF EFFECT, OF USING THE APP, INCLUDING ANY FAILURE TO DIAGNOSE, TREAT, CURE, MITIGATE OR PREVENT ANY DISEASE OR CONDITION. THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You agree that these limits are an essential part of our agreement and that without them the terms on which we offer the App would be substantially different. Some jurisdictions do not allow these exclusions or limits, so they may not apply to you. Nothing in these Terms limits liability for death or personal injury caused by negligence, or any other liability that cannot be limited by law.

17U.S. Government End Users

If you are the U.S. Government, or a contractor or subcontractor at any tier licensing the App for or in connection with the U.S. Government, the App is commercial computer software and its documentation is commercial computer software documentation under the applicable federal acquisition regulations. These Terms govern the Government's use and disclosure of the App and override any conflicting terms in those regulations.

18Compliance with Law

You confirm that you are not located in, resident in, or controlled by the government of a country or region subject to a U.S. Government embargo or designated by the U.S. Government as "terrorist supporting", and that you are not on, or owned by anyone on, the U.S. Treasury Department's list of Specially Designated Nationals or any other U.S. Government list of prohibited or restricted parties. You may not export, re-export or transfer the App, or your right to use it, in breach of U.S. law, or help anyone else do so. You are responsible for complying with all export, import and sanctions laws that apply to you.

19Governing Law and Disputes

Governing law. These Terms are governed by the laws of the State of Nevada, USA, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

Informal resolution. If a dispute arises under these Terms, each side will first try to resolve it through someone with authority to decide for them. If it is not resolved within thirty (30) days, it will be settled by arbitration as set out below.

Binding arbitration. ANY DISPUTE, INCLUDING ANY QUESTION ABOUT THE SCOPE, APPLICABILITY OR ENFORCEABILITY OF THIS ARBITRATION CLAUSE, WILL BE DECIDED EXCLUSIVELY BY NEUTRAL, FINAL, BINDING AND CONFIDENTIAL ARBITRATION, AND EACH SIDE GIVES UP THE RIGHT TO A JURY TRIAL. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, to the extent they do not conflict with this clause, before a single arbitrator in Henderson, Nevada. Both sides will keep the arbitration confidential, except as needed to enforce, enter or challenge the award in court or as the law requires. Discovery will be limited to exchanging relevant documents unless the arbitrator decides more is needed. The arbitrator will issue a written, reasoned award, which is final and binding, and may grant any relief a court could. YOU AND WE MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.

Either side may still go to court for claims that qualify for small claims court, and we may seek injunctive or other equitable relief, or bring intellectual property claims, in court. Any dispute that is not arbitrated, and any action to enforce an arbitration award, will be brought in the state or federal courts located in Clark County, Nevada, and both sides consent to the exclusive jurisdiction and venue of those courts.

20General

If any part of these Terms is found unlawful, void or unenforceable, that part is severed and the rest remains in force. These Terms, together with any policies they incorporate, are the entire agreement between you and us about the App. You may not assign these Terms without our prior written consent, and any attempt to do so is void.

Legal notices to us must be in writing and sent by email to support@nodesound.app with "Legal Notice" in the subject line. A notice is received when we confirm receipt by reply. We may send notices to you at any email address linked to your account.

A change to these Terms is effective only if made as described at the top of these Terms or in a writing signed by both of us. If we do not enforce a provision on one occasion, we have not waived it for any other. You agree that a material breach of these Terms that harms our proprietary rights would cause us irreparable harm that money alone could not remedy, and that we may seek injunctive relief in addition to any other remedy.

21Contact

If you have questions about the App or these Terms, contact us at:

Another Green World LLC
support@nodesound.app