"Sleep On Time" Application License Agreement

THIS APPLICATION LICENSE AGREEMENT (hereinafter – the "Agreement") IS A LEGAL AGREEMENT BETWEEN YOU AND OLEKSANDR HALKOVSKYI, AN INDIVIDUAL SOFTWARE DEVELOPER (hereinafter – the "Licensor"), WITH RESPECT TO THE PROPRIETARY SOFTWARE APPLICATION KNOWN AS "Sleep On Time" (hereinafter – the "Software").

BY CLICKING "ACCEPT" AND/OR BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THIS AGREEMENT, UNINSTALL THE SOFTWARE AND DO NOT USE IT IN ANY MANNER.

1. Grant of License

Subject to your compliance with this Agreement, the Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use one copy of the Software on your mobile device solely for personal, non-commercial purposes, and to access and use the functionalities and services enabled through the Software.

 

2. Restrictions on Use

You may not: (i) copy, modify, translate, reverse engineer, decompile or disassemble the Software or create derivative works based thereon; (ii) install the Software onto a server so that it is accessible via a public network; (iii) share or permit other individuals/entities to use the Software, rent, lease or transfer the Software or rights to use it; or (iv) delete or modify any attributions, legal notices or other proprietary designations in the Software or part thereof. Any such forbidden use shall immediately and automatically terminate your license to use the Software, without derogating from any other remedies available to the Licensor at law or in equity.

 

3. Title and Ownership

The Software, and any revisions, modifications, enhancements and/or derivatives thereof, are owned by the Licensor and/or its licensors and are protected under copyright laws and treaties. All right, title, and interest in and to the Software, including all associated intellectual property rights, are and shall remain owned solely by the Licensor and/or its licensors.

 

4. Updates/Upgrades

The Licensor may, from time to time, improve the Software and may update/upgrade the Software at its sole discretion, with or without notification. At the Licensor's sole discretion, notification may be provided via in-app notices, email, or website posting. Some updates/upgrades may be optional and some may be mandatory for continued operation of the Software. The Licensor may, but is not obligated to, provide email and/or internet-based support.

 

5. Paid Accounts

You'll be automatically billed from the date you convert to a Premium (Paid) Account and on each renewal period until cancellation. You are responsible for all applicable taxes. You may cancel your recurring payment at any time, but refunds will only be issued for requests made within 48 hours of purchase. Failure to pay for your Premium (Paid) Account may result in loss of access to paid features. Fees may change in the future, with advance notice sent to the email address associated with your account.

 

6. Compliance with Law

You agree to use the Software in accordance with all applicable laws, including applicable export laws, restrictions and regulations, and agree not to export or re-export the Software in violation of any such laws. You further represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.

 

7. Changes to Software or Agreement

The Licensor may modify, suspend, or discontinue any aspect of the Software at any time. The Licensor reserves the right to modify the terms of this Agreement, whereby material changes will be disclosed via in-app notice or website posting. Except for changes that affect your privacy (which require specific acceptance), your continued use of the Software after any modification constitutes your acceptance.

 

8. Additional Terms for Apple App Store Users

If the Software is used on an Apple-branded device, you acknowledge and agree that: (a) this Agreement is concluded solely between you and the Licensor, and not with Apple Inc.; (b) Apple Inc. has no responsibility for the Software or its content; (c) Apple Inc. has no obligation to provide any maintenance or support services with respect to the Software; (d) to the maximum extent permitted by applicable law, Apple Inc. shall have no liability whatsoever arising out of or relating to the Software; (e) in the event of any claim that the Software or your possession and use of the Software infringes any third-party intellectual property rights, the Licensor, not Apple Inc., will be solely responsible for the investigation, defense, settlement, and discharge of any such claim; (f) Apple Inc. and its subsidiaries are third-party beneficiaries of this Agreement and may enforce its terms against you.

 

9. Medical Disclaimer

The Software is intended for informational and wellness purposes only. It is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information and recommendations provided through the Software do not constitute medical advice and are not a substitute for professional medical consultation. If you have concerns about your sleep or overall health, you should seek advice from a qualified healthcare professional.

 

10. Privacy

Your use of the Software is also governed by the Licensor’s Privacy Policy, which is available via this link or on the application’s listing page in the App Store or Google Play.

 

11. Warranty Disclaimer

THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

 

12. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE), SHALL THE LICENSOR OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS OR FINANCIAL INFORMATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE LICENSOR'S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES EXCEED THE AMOUNT PAID BY YOU TO THE LICENSOR FOR USE OF THE SOFTWARE, EVEN IF THE LICENSOR HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

 

13. Termination

Without prejudice to any other rights, this Agreement and your right to use the Software automatically terminate if you fail to comply with any provision of this Agreement. The Licensor may terminate this Agreement at any time with or without prior notice. You may terminate this license at any time by ceasing use of and uninstalling the Software.