EMPOWERING ESCAPES - THE BEST MOBILE APP FOR YOUR SLEEPLESS NIGHTS!

Terms and Conditions – Empowering Escapes

Effective date: 1^st May 2024

1. Introduction

Welcome to Empowering Escapes' Sleep App ("the App"). The App, provided by Empowering Escapes ("the Company"), a "Doing Business As" entity under KDB Media Corp., S Corporation, operates as an extension of the Empowering Escapes YouTube Channel (youtube.com/@empoweringescapes81) and is available through various platforms, including the Apple App Store, Google Play Store, and Amazon App Store.

These Terms and Conditions ("Terms") govern your use of the App, including all features, functionalities, and services provided through the App. By accessing or using the App, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not use the App.

2. Eligibility

The App is intended for users who are at least 18 years of age or older. By using the App, you affirm that you are at least 18 years old, or if you are younger than 18 years old, that you have the consent of your parent or legal guardian to use the App under their supervision. The App is not available to users in jurisdictions where its use is illegal or prohibited.

3. User Account Registration and Management

3.1 Account Creation

To access certain features of the App, you may be required to create an account ("Account"). When creating your Account, you agree to provide accurate, current, and complete information as required by the registration process and to maintain the security of your Account.

3.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify the Company immediately of any unauthorized use of your Account or any other breach of security. The Company shall not be liable for any loss or damage arising from your failure to safeguard your Account information.

4. Subscription Terms

4.1 Subscription Plans

The App operates on a subscription-based model with the following subscription options:

• Monthly Subscription: $1.99 per month
• 6-Month Subscription: $10.99 for six months
• Annual Subscription: $16.99 per year

4.2 Payment Terms

All subscription fees are billed in advance and are non-refundable except as provided in the Refunds and Cancellation Policy. Payments are processed through the applicable platform (e.g., Apple App Store, Google Play Store, Amazon App Store) using the payment method you provided during registration.

4.3 Subscription Renewal

Subscriptions automatically renew at the end of the current subscription period unless you cancel the subscription before the renewal date. The renewal rate will be the same as your original subscription fee unless otherwise notified.

4.4 Subscription Cancellation

You may cancel your subscription at any time through the applicable platform’s account settings. Please refer to our Refunds and Cancellation policy for more information.

5. Free Trial Terms

5.1 Free Trial Offer

The Company may offer a free trial period for the App ("Free Trial"). The Free Trial allows new users to use the App free of charge for a limited period of time as specified during registration.

5.2 Conversion to Paid Subscription

At the end of the Free Trial, your Account will automatically convert to a paid subscription unless you cancel before the Free Trial ends. You will be billed the applicable subscription fee based on the subscription plan you selected during registration.

6. License to Use App

6.1 License Grant

The Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App for personal, non-commercial purposes in accordance with these Terms.

6.2 License Restrictions

You may not:

1. Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content or information contained in or obtained from the App;
2. Reverse engineer, decompile, or disassemble the App;
3. Use the App for any unlawful or harmful purpose;
4. Use the App in any manner that could damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of the App.

7. App Content

7.1 Ownership of Content

All content provided in the App, including but not limited to sounds, images, text, and graphics ("Content"), is the property of the Company or its licensors and is protected by copyright, trademark, and other intellectual property laws.

7.2 Permitted Uses of Content

You may access and use the Content solely for your personal, non-commercial use while using the App in accordance with these Terms. Any other use of the Content without the Company's express written consent is prohibited.

12. Intellectual Property Rights

The intellectual property in the App, including all software, databases, text, graphics, logos, and other materials are owned by the Company or licensed to it. These materials are protected by copyright, trademark, patent, and other intellectual property laws. You are granted a limited license to access and use the App and its content in compliance with these Terms only.

13. Copyright Policy

13.1 Copyright Infringement

The Company respects the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please notify us following the detailed procedure specified in the App’s copyright policy document.

13.2 Actions on Infringement Claims

Upon receipt of a valid infringement claim, the Company will take appropriate actions under the applicable intellectual property laws, which may include removing the infringing content or disabling access to it.

14. Refund & Cancellation Policy

Please refer to the Refund and Cancellation Policy for more information.

15. Termination and Suspension

15.1 Grounds for Termination

The Company may terminate or suspend your access to the App immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms.

15.2 Effects of Termination

Upon termination, your right to use the App will cease immediately. The relevant sections of the Terms that, by their nature, should survive termination shall remain in effect after termination, including, but not limited to, ownership provisions, warranty disclaimers, and limitations of liability.

16. Modifications to the App or Terms

The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the App (or any part of it) with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the App.

17. Warranties and Disclaimers

The App is provided on an "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

18. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the App, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the App.

19. Limitation of Liability

19.1 No Medical Advice

The Sleep App, including all related content and functionalities, is designed to aid and improve general well-being through relaxation sounds and sleep tracking. It is not intended to replace professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or accessed through this App.

19.2 No Guaranteed Results

The effects of the Sleep App may vary from person to person. While the App aims to assist in improving sleep quality, the Company makes no guarantee regarding the effectiveness of its content for specific sleep conditions or health outcomes. User experiences depend on various factors, including but not limited to, individual health, lifestyle, and other environmental factors.

19.3 Limitation of Liability

**Caution:** Do not drive or operate machinery while listening to meditation music, binaural beats, guided sleep relaxation music, nature sounds for sleep, nature sounds for study, or nature sounds for focus.

Under no circumstances will the Company be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages arising out of or in any way connected to the use or inability to use the App or its content, even if the Company has been advised of the possibility of such damages.

20. Dispute Resolution

20.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of the jurisdiction of the Company, without regard to its conflict of law provisions.

20.2 Dispute Resolution Mechanism

Our preference is to resolve things amicably and quickly, and we encourage you to contact us to resolve any dispute informally before pursuing a claim in arbitration or in a court of law. If the dispute cannot be resolved informally, you agree to submit to the personal jurisdiction of the courts located within the jurisdiction of the Company for the purpose of litigating all such claims or disputes.

22. Waiver

Any failure by the Company to enforce a right or provision of these Terms will not be considered a waiver of those rights. A waiver is effective only if in writing and signed by a duly authorized representative of the Company. The waiver of any such right or provision will be effective only in the specific instance and for the specific purpose stated in such writing.

23. Assignment

You may not assign or delegate your rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you.

24. Notifications

The Company may provide notifications to you as required by law or for marketing or other purposes via email to the primary email address associated with your Account, hard copy, or posting of such notice on our website. It is your responsibility to update your Account information to receive notifications.

25. Emergency Termination

The Company reserves the right to terminate or restrict your access to the App, without notice or liability, for any reason whatsoever, including without limitation if the Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms.

26. Feedback and Suggestions

Feedback and suggestions about the App are always welcomed. By submitting feedback, you agree to grant the Company the right to use this feedback at our discretion, including for product enhancement, without any obligation to provide compensation or to confirm authorship to you.

27. Ethical Use and Conduct

You agree to use the App ethically and responsibly. You shall not use the App to harm others or the App’s functionality or reputation, including but not limited to using the App for unlawful, fraudulent, or malicious activities.

28. Contact Information

For any questions about these Terms, the App, or any other related topic, you may contact Empowering Escapes via email: app@kdbempoweringescapes.com or through the contact section of the App.