TERMS AND CONDITIONS:
Pendulum is licensed to You (End-User) by DROWZEE AS, located and registered at Startup Campus, Chr. Krohgs gate 1, 0186 Oslo. Norway, Oslo, 0186, Norway ("Licensor"), for use only under the terms of this License Agreement.
By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as “Services.”
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. DROWZEE AS, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). DROWZEE AS acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
Pendulum when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Pendulum is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").
1. THE APPLICATION
Pendulum ("Licensed Application") is a piece of software created to Drowzee provides neurofeedback training for sleep improvement, with a view to reduce mental distress and enhance sleep quality. Unlike competitors, Drowzee provides a solution that goes far beyond other sleep monitoring, as it combines it with advanced brain training. — and customized for iOS and Android mobile devices ("Devices"). It is used to.
2. SCOPE OF LICENSE
2.1 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with DROWZEE AS's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.2 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with DROWZEE AS's prior written consent).
2.3 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.4 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.5 Licensor reserves the right to modify the terms and conditions of licensing.
3. TECHNICAL REQUIREMENTS
3.1 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.2 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.
4.2 DROWZEE AS and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5. USER-GENERATED CONTRIBUTIONS
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
6. CONTRIBUTION LICENSE
By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
7.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
7.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of DROWZEE AS's sphere of influence that affect the executability of the Licensed Application.
7.3 You are required to inspect the Licensed Application immediately after installing it and notify DROWZEE AS about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been emailed within a period of one (1) days after discovery.
7.4 If we confirm that the Licensed Application is defective, DROWZEE AS reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
7.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
7.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
8. PRODUCT CLAIMS
DROWZEE AS and the End-User acknowledge that DROWZEE AS, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
9. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.
10. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Startup Campus, Chr. Krohgs gate 1, 0186 Oslo. Norway
The license is valid until terminated by DROWZEE AS or by You. Your rights under this license will terminate automatically and without notice from DROWZEE AS if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
12. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
DROWZEE AS represents and warrants that DROWZEE AS will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
13. INTELLECTUAL PROPERTY RIGHTS
DROWZEE AS and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, DROWZEE AS, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
14. APPLICABLE LAW
This License Agreement is governed by the laws of Norway excluding its conflicts of law rules.
15.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
15.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
16. Subscription Plan and Signups
16.1. Returns Policy: You may return any purchased products within 40 days of delivery for a full refund. We'll also pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.), in case the return is due to other reasons, you will be expected to cover return shipping costs.
16.2. Refund: Once we receive the returned item, we will check that it has not been damaged and issue a refund to you. You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly.
16.3. Recurring Payment: For users that opt for subscription plan, they will be billed on 1st of every month after their purchase the plan. The recurring payments are for 6 months.
16.4. Cancellation of Subscription: If user decides to cancel the subscription before 6 months, he or she is obliged to return the device to Drowzee in good condition. The payment done for the months user used the device will not be refunded.
16.5. Damage: In case of damaged device, Drowzee will charge the user with full fee of the device i.e. £ 350.