Terms of Service
1. Acceptance of Terms
Welcome to our mobile applications. These Terms of Service ("Terms") govern your access to and use of our mobile applications, including but not limited to Sleep Lucid, PushPDF, and any other apps we develop (collectively, "Apps", "Services", "we", "us", or "our"). By downloading, installing, accessing, or using any of our Apps, you agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, please do not use our Apps.
2. Our Apps
These Terms apply to all mobile applications developed and published by us, including:
• Sleep Lucid: A sleep tracking, clock, and alarm application
• PushPDF: Scan, Markup and share PDF files
• Any other apps we may develop in the future
3. Description of Services
Our Apps provide various features and services depending on the specific app:
Sleep Lucid
• Sleep tracking and analysis using HealthKit integration
• Clock and alarm functionality
• Sleep coaching and personalized recommendations
• Health and wellness insights
• Apple Watch companion app
PushPDF
The Services are available for iOS, iPadOS, watchOS, and other supported platforms through the Apple App Store.
4. Eligibility
You must be at least 13 years old to use our Apps. If you are between 13 and 18 years old, you represent that you have your parent's or guardian's permission to use the Apps and that they have agreed to these Terms on your behalf.
5. Account Registration
Some features may require you to create an account. When you create an account, you agree to:
• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use
6. Subscription Services
6.1 Premium Features
Some of our Apps offer premium features through subscription plans. Subscription terms, pricing, and features vary by app and will be clearly stated within each app.
Common subscription models include:
• Monthly Subscription: Billed monthly, automatically renews
• Yearly Subscription: Billed annually, automatically renews
6.2 Subscription Management
• Subscriptions are managed through your Apple ID account
• Payment is processed by Apple, not by us
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• You can manage subscriptions in your Apple ID Account Settings
• Cancellation takes effect at the end of the current billing period
6.3 Free Trials
If we offer a free trial:
• The trial period and terms will be clearly stated
• At the end of the trial, your subscription will automatically convert to a paid subscription unless cancelled
• You can cancel during the trial period to avoid charges
6.4 Price Changes
We reserve the right to change subscription prices. We will notify you of price changes in advance. Price changes will apply to subsequent subscription periods.
7. Payment and Billing
• All payments are processed through Apple's payment system
• You agree to pay all charges associated with your subscription or in-app purchases
• Prices are displayed in your local currency
• Taxes may apply based on your location
• Refunds are subject to Apple's refund policy
8. User Conduct
You agree not to:
• Use any App for any illegal or unauthorized purpose
• Violate any laws, regulations, or third-party rights
• Interfere with or disrupt the Apps or servers
• Attempt to gain unauthorized access to the Apps
• Reverse engineer, decompile, or disassemble any App
• Remove, alter, or obscure any proprietary notices
• Create multiple accounts to circumvent subscription limits
• Use automated systems to access the Apps
• Transmit viruses, malware, or harmful code
• Use any App in a way that could damage, disable, or impair our services
9. Intellectual Property Rights
9.1 Our Rights
Our Apps, including their design, features, code, graphics, text, and content, are owned by us and protected by copyright, trademark, and other intellectual property laws.
9.2 Your Rights
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
• Download and install our Apps on your personal devices
• Use our Apps for personal, non-commercial purposes
9.3 Restrictions
You may not:
• Copy, modify, or create derivative works of our Apps
• Redistribute, sell, or sublicense our Apps
• Use our trademarks or logos without permission
• Remove copyright or proprietary notices
10. Health Information and Medical Disclaimer
10.1 Not Medical Advice
Some of our Apps (such as Sleep Lucid) provide health-related information for informational and educational purposes only. These Apps are NOT:
• Medical devices
• Intended to diagnose, treat, cure, or prevent any disease
• A substitute for professional medical advice, diagnosis, or treatment
10.2 Consult Healthcare Professionals
Always seek the advice of qualified healthcare professionals with any questions about medical conditions or health-related decisions. Never disregard professional medical advice or delay seeking it because of information from our Apps.
10.3 Emergency Situations
In case of a medical emergency, call emergency services immediately. Do not rely on our Apps for emergency medical situations.
10.4 No Medical Relationship
Use of our Apps does not create a doctor-patient or healthcare provider-patient relationship.
11. Privacy
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.
12. Data and Content
12.1 Your Data
• Your data is stored locally on your device
• We do not collect, store, or transmit your personal data to our servers (except as described in our Privacy Policy)
• You can delete your data by uninstalling the App
• For apps using HealthKit, data is managed according to Apple's HealthKit guidelines
12.2 Data Accuracy
We strive to provide accurate information, but we do not guarantee the accuracy, completeness, or usefulness of any information provided by our Apps.
12.3 Your Content
You retain ownership of any content you create, upload, or share through our Apps. By using our Apps, you grant us a limited license to use, process, and display your content solely for the purpose of providing the Services.
13. Third-Party Services
Our Apps may integrate with third-party services, including:
• Apple HealthKit
• Apple Watch
• HomeKit
• Weather services
• iCloud
• Other services as needed for app functionality
Your use of third-party services is subject to their respective terms and privacy policies.
14. Modifications to Services
We reserve the right to:
• Modify, suspend, or discontinue any App at any time
• Add or remove features
• Change subscription plans or pricing
• Update Apps with new versions
We will provide reasonable notice of material changes when possible.
15. Termination
15.1 By You
You may stop using any App at any time by uninstalling it from your device.
15.2 By Us
We may terminate or suspend your access to any App immediately, without prior notice, for:
• Violation of these Terms
• Illegal or fraudulent activity
• Any reason we deem necessary
15.3 Effect of Termination
Upon termination:
• Your right to use the App will immediately cease
• You will lose access to premium features
• Your data may be deleted (subject to our Privacy Policy)
16. Disclaimers
OUR APPS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF INFORMATION
We do not warrant that:
• The Apps will be uninterrupted or error-free
• Defects will be corrected
• The Apps are free of viruses or harmful components
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, [YOUR COMPANY NAME], ITS DEVELOPERS, AFFILIATES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:
• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM USE OR INABILITY TO USE THE APPS
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS OR ALTERATION OF YOUR DATA
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS PRECEDING THE CLAIM, OR $10, WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.
18. Indemnification
You agree to indemnify, defend, and hold harmless [Your Company Name], its developers, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney's fees) arising from:
• Your use of our Apps
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit or transmit through our Apps
19. Dispute Resolution
19.1 Informal Resolution
We encourage you to contact us first to resolve any disputes informally.
19.2 Binding Arbitration
If informal resolution fails, disputes will be resolved through binding arbitration in accordance with [Arbitration Rules], except where prohibited by law.
19.3 Class Action Waiver
You agree that disputes will be resolved individually and not as part of a class action.
20. Governing Law
These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.
21. Changes to Terms
We may modify these Terms at any time. Material changes will be:
• Posted on our website
• Notified through the Apps when possible
• Effective immediately or as stated in the notice
Your continued use of our Apps after changes constitutes acceptance of the modified Terms.
22. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
23. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding our Apps and supersede all prior agreements.
24. Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
25. Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
26. Contact Information
If you have questions about these Terms, please contact us at:
info@jaxilyllc.com
27. Apple App Store Terms
Our Apps are distributed through the Apple App Store. Additional terms apply:
• You must comply with Apple's App Store Terms of Service
• Apple is a third-party beneficiary of these Terms
• Apple has no obligation to provide support for the Apps
• We are solely responsible for the Apps and their content
28. Acknowledgment
BY USING ANY OF OUR APPS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
Note: These Terms apply to all apps developed by Jaxily. For app-specific terms, please refer to the relevant sections above or contact us directly.