The following End-User License Agreement (the "EULA") governs your rights and obligations regarding the use of the Chic Apps Applications, including among other Color Lights Flashing, Colorful Party Lights, Music Lights, Dance Lights, Torch and Strobe Light (collectively the "Application") and service (both collectively referred to as the "Service"), via mobile application. This EULA constitutes a fully binding agreement between Chic Apps Inc, ("Chic Apps" or "We"), the owner of all rights in and to the Service, and you.
THEREFORE, You must carefully read this EULA. By ACCESSING AND/OR USING THE SERVICE, YOU agree to be bound by all terms herein. If you do not agree with ALL of the terms, WE REQUEST THAT YOU REFRAIN FROM USING THE SERVICE. Chic Apps reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify this EULA, and to impose new or additional terms and conditions on your use of the Service from time to time. Such changes shall be effective immediately and incorporated into this EULA upon notice thereof, which may be provided by any reasonable means including by posting to our website or display in the mobile application. Your continued use of the Service following such note will be deemed to constitute acceptance of the updated EULA. Changes will not apply retroactively.
The Service
The Service allows you to take part in a personalized relaxation experience by letting you mix sounds and create custom-made melodies. You can therefore compose various melodies that might favour meditation and/or concentration, and which might also help you enhance your sleep condition. With a large selection of ambient sounds, binaural beats, isochronic tones and monoral beats, you can choose your perfect yoga melody, or create sounds that might help you go into a deeper sleep. You may also use different features of the Service such as a timer and alarm system, or a sound recorder allowing you to save your favourite melodies for future use.
The License
Chic Apps hereby grants you a free of charge, non-exclusive, non-transferable, revocable license (the “License”) to use the Service solely for private, personal, non-commercial purposes on any mobile device that you own or control legitimately and for which the Service was designed subject to compliance with this EULA, Apple end-user license agreement and/or terms and conditions, Google end-user license agreement and/or terms and conditions, Microsoft end-user license agreement and/or terms and conditions, or any other third party software developer end-user license agreement and/or terms and conditions (collectively referred to as the “Third Party Terms”), by which you agree to be bound. This is a License to display, use and access the Service for its intended purpose and is not a transfer of title.
You and Chic Aps acknowledge that this EULA is concluded between you and Chic Apps, and not with Apple, Google, Microsoft or any other third party software developer. Chic Apps is solely responsible for the License and the content thereof.
Maintenance and support
Chic Apps will be solely responsible for providing any maintenance and support services with respect to the Application, as specified in this EULA, or as required under applicable law. You and Chic Apps acknowledge that Apple, Google, Microsoft or any other third party software developer have no obligation whatsoever to furnish any maintenance and support services with respect to the Application, unless otherwise provided.
​
USE OF THE SERVICE
You must not copy, save or otherwise use the data from the Service's database, except as expressly permitted by this EULA. This clause does not limit the use of the database as intended by the Application and for the purposes of private and personal use of the Service.
Unless you have a written agreement to the contrary with Chic Apps, or except in accordance with this EULA, you may not, without limitation : (i) duplicate the Service or any of the materials and/or content contained therein; (ii) create derivative works based on the Service or any of the materials and/or content contained therein or integrate it within a service of your own; (iii) use the Service or any of the materials and/or content contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (iv) distribute the Service or any of the materials and/or content contained therein, except as specifically intended for in the Service; (v) resell, redistribute or sublicense the Service or offer it for rent or lease; or (vi) use the Service on any mobile device that you do not own or control. You may, however, use the Service’s Twitter and/or Facebook integration to make materials you post available on those platforms, provided that you comply with the applicable terms and conditions of such platforms. You also may not: (i) remove any copyright or other proprietary notices from the Service and/or content contained therein; (ii) circumvent any encryption or other security tools used anywhere on the Service (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of any of the Service); (iii) use any data mining, robots or similar data gathering and extraction tools on the Service; (iv) decompile, reverse engineer, modify or disassemble any of the Application aspect of the Service and/or content; or (v) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit or otherwise assign to any third party the materials and/or content or any of your rights to access and use the materials and/or content as granted above. You agree to cooperate with Chic Apps in causing any unauthorized use to cease immediately. By submitting and posting content, related to the Service or otherwise, you acknowledge, consent and agree that some information pertaining to your posts will be disclosed publicly such as your account information, time of post and location.
You acknowledge, consent and agree that IPNOS may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this EULA; (iii) respond to claims that any material violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of IPNOS, the Service, its users and the public.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. or the Canadian Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties.
Unauthorized use of the Service or any of the materials and/or content contained therein shall terminate this EULA immediately.
TERMINATION
You may terminate your access and use of the Service at any time and for any reason whatsoever. You agree that IPNOS may, without prior notice, modify, suspend, limit or terminate immediately your access to the Service (or any part thereof), at any time and for any reason IPNOS deems appropriate, at its sole and absolute discretion. IPNOS is not liable to anyone in case of any such event, no matter the motive.
Cause for such termination or limitation of access may include, but not be limited to, (i) violation of this EULA or other related terms and conditions or guidelines for use, (ii) request by law enforcement or other government agencies, (iii) discontinuance or modification of the Service (or any part thereof), (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity, (vi) engagement by you in fraudulent, illegal or seemingly illegal activities, (vii) engagement by you in any act that is harmful or may be harmful to IPNOS, or any third party, or (viii) intentional providing of wrongful or erroneous information. You agree that all terminations and limitations of access for cause shall be made in the sole discretion of IPNOS, and IPNOS shall not be liable to you or any third party for any termination or limitation of your access to the Service.
WARNINGS
CAUTION.
ONLY USE THE SERVICE WITH CAUTION AND CARE AND IN SUCH A WAY THAT ALLOWS YOU TO CONSULT YOUR MOBILE DEVICE SAFELY. always be aware of YOUR surroundingS before using the service, and follow the applicable rules and laws. any use while in motion and when awareness is required, be it on foot, bicycle, motorised vehicle or any other transportation method, is strictly not RECOMMENDED and should be avoided.
NEURAL OSCILLATION.
Some features of the Service utilize neural oscillation INCLUDING WITHOUT LIMITATION BINAURAL BEATS, ISOCHRONIC TONES, MONORAL BEATS AND/OR OTHER SOUNDS COMMONLY KNOW AS Brain waves sounds. in no event shall the service be considered as medical TREATMENT or health related therapy, the service being offered at your SOLE RESPONSIBILITY AND AT YOUR own risk. we RECOMMEND that you consult A MEDICAL SPECIALIST before using the service. we DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE. PEOPLE SUFFERING FROM EPILEPSY OR ANY OTHER FORM OF MENTAL DISORDER SHALL IN NO CIRCUMSTANCES USE THE SERVICE WITHOUT PRIOR MEDICAL APPROVAL.
ACCURACY OF INFORMATION.
THE INFORMATION PROVIDED VIA THE SERVICE MAY SOMETIMES BE INACCURATE, INCOMPLETE OR OUT OF DATE. IPNOS DOES NOT warrant THE ACCURACY, RELIABILITY OR COMPLETENESS OF THIS INFORMATION.
The Internet connection is under your responsibility and at your expense. access and use of the service require a data connection between your mobile device and the internet. the COSTS of such connection are as prescribed by the agreement between you and your communication service provider and according to its applicable terms. IPNOS assumes no liability in this respect. SERVICE operation. IPNOS exerts all reasonable efforts to provide a satisfactory and high quality service, but we do not warrant that the service will be uninterrupted or free of errors, failures, or BREAKDOWNS, from any harmful or damaging component, or that it is secure or protected from unauthorised access.
NO warrantee.
ipnos PROVIDES THIS SERVICE AND MATERIAL AND/OR CONTENT CONTAINED THEREIN "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION, of quality and/OR fitness for a particular purpose, features, non-infringement, compatibility, performance, security or accuracy. IPNOS, including its officers, directors, employees, subcontractors, representatives and agents are not liable for any direct, indirect, incidental, consequential damage or any other damage or loss (including loss of profit and loss of data), as well as costs, expenses and payments incurred, arising from or in relation with the use of or inability to use the service, or any failure, error or breakdown in the service, or from your reliance on the content of the service, including offers and content from a third party, or any communication with the service, or any refusal or limitation of your access to the service, or from the maintenance, deletion, disclosure and any other use or loss of information provided to the service.
you acknowledge and agree that you assume full, exclusive and sole responsibility for the use of the service and that such use is entirely at your own risk.
FORBIDDEN CONTENT
It is forbidden to submit content of a commercial nature (including advertising), unless such content has been approved by IPNOS in advance. IPNOS may decline to publish, or immediately delete any content you submitted, if you have violated this EULA or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its users or IPNOS. In such cases, IPNOS may also prevent you from posting additional content on the Service.
RIGHTS IN CONTENT
When you submit content to be published on the Service, you represent and warrant that you are permitted to publish the content and to permit IPNOS to publish the content.
EXAMINATION OF CONTENT
IPNOS may examine the content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous content, or remove such content after its publication. IPNOS retains sole discretion to determine which content will be published, the duration of its publication, its location, design and any other matter pertaining to the publication of content within the Service. IPNOS does not guarantee that all content will be published, in general or for any limited time. Content submitted by users for publication does not reflect the views of IPNOS. Publishing content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.
INTELLECTUAL PROPERTY
All intellectual property rights in and to the Service and its database, including copyrights, trade-marks, industrial designs, patents and trade-secrets – are either exclusive property of IPNOS or licensed to IPNOS. The Service is protected, among others, by the Canadian Copyright Act, or by provisions prescribed by any other law, in Canada and abroad.
Copying, distributing, publicly displaying, offering to the public via communication, transferring to the public, modifying, adapting, processing, creating derivative works, selling or leasing, any part of the Service, in any manner or means without the prior written consent of IPNOS, is strictly forbidden. "IPNOS", “IPNOS SOFT”, “LOGICIEL IPNOS” the IPNOS logo, and other trade and/or service marks are property of IPNOS and may not be used in any of the aforementioned means.
IPNOS may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Infringement of the rights in and to the Service will, in and on itself, result in the termination of all your rights under this EULA.
LIMITATION OF LIABILITY AND WARRANTY
IPNOS PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of the Service and that the use of the Service is entirely at your own risk.
IPNOS exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Application failures and Application communication failures, originating either from IPNOS, its providers or any other third party.
You and IPNOS acknowledge that IPNOS, not Apple, Google, Microsoft or any other third party software developer, is solely responsible for addressing any claims you or any third party may have relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
IPNOS, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTIONING OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY ITS STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN NO EVENT SHALL IPNOS’ MAXIMUM TOTAL AGGREGATE LIABILITY HEREUNDER FOR DAMAGES EXCEED THE AMOUNT OF ONE CANADIAN DOLLAR ($1).
Your use of the Service may be subject to various local, provincial, states, national, or international laws, and you may have rights which vary from jurisdiction to jurisdiction. Because some countries do not allow limitations on warranties and/or the exclusion or limitation of damages, the limitations and/or exclusions found herein may not apply to you. Any provision found herein shall not be enforceable solely to the extent that it is prohibited by an applicable law.
LINKS AND COMMERCIAL INFORMATION
IPNOS or third parties may incorporate in the Service links to other sites or resources on the Internet, for information purposes. IPNOS does not approve the data, software or any other content found on sites or in resources that do not originate from IPNOS. You acknowledge that IPNOS is not liable, directly or indirectly, for damages or losses arising from your use of or reliance on said data, software or content. You are responsible for reading the privacy policies and conditions of use related to these sites or other resources.
Furthermore, IPNOS may incorporate in the Service advertisements and/or information of commercial nature. The source of such information may originate from IPNOS or from third parties. It is understood that commercial content posted by IPNOS or by third parties does not constitute a recommendation or encouragement by IPNOS to purchase the goods or services advertised. Insofar as the Application includes links to services or applications not operated or managed by IPNOS or content not originating from IPNOS, IPNOS will not be liable for any form of liability arising from your reliance on, or in connection with, such services, applications or content.
BREACH AND INDEMNITY
Subject to the mandatory provisions of any applicable laws, you agree to indemnify and hold harmless IPNOS, its employees, officers, directors, representatives and agents in the event you have violated this EULA or illegally used the Service. Considering that the Service is provided free-of-charge, such indemnity shall cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by IPNOS, its employees, officers, directors, representatives or agents, including without limitation legal expenses and attorney fees.
FORCE MAJEURE
IPNOS shall not be liable for any failure to perform its duties specified herein due to unforeseen circumstances or to causes beyond its reasonable control, including without limitation: acts of nature (e.g. fire, flood, earthquakes), riots, acts of civil or military authority, terrorism, strikes, shortages in transportation, failures or other causes related to communication, information or technology services (e.g. hacking, spam, computer, servers or Application failure, etc.).
MODIFICATION OF THE SERVICE
IPNOS reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. You agree that IPNOS shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
GOVERNING LAW AND JURISDICTION
As previously stipulated, this EULA, the Application and the Service will be governed solely by the laws of the Province of Québec and the federal laws applicable therein, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to this EULA, the Application or the Service will be under the exclusive jurisdiction of the competent court in the judicial district of Montréal, Province of Québec, Canada.
WAIVER AND SEVERABILITY
The failure of IPNOS to exercise or enforce any right or provision of the EULA shall not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision of this EULA, or any portion thereof, to be unenforceable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the remainder of this EULA will continue in full force and effect.
COMPLETE TERMS
This EULA, subject to any other third party software developer privacy policies and conditions of use (such as the Apple terms and conditions and the Google terms and conditions), shall all constitute the entire and complete agreement between you and IPNOS concerning the Service.
Personal information
The confidentiality of your personal information is important to IPNOS. IPNOS undertakes to protect and use the information only for the purposes for which it was collected. For more information on access, collection, use and communication of personal information for the Service, please consult the Privacy Policy applicable to the Service at: support@ipnossoft.com
CONTACT US
You may contact us concerning any question about the Service, through support@ipnossoft.com. We will make our best efforts to address your inquiry promptly.
Last update: 8 July 2013