Terms and Conditions

Introduction

These Terms and Conditions (the “Terms”) govern your use of the Affirmation Player mobile application (the “App”) and the services provided through the App (the “Services”). Please read these Terms carefully before using the App and the Services. By accessing or using the App or the Services, you agree to be bound by these Terms. If you do not agree to these Terms or the Privacy Policy, please do not use the App or the Services.

Changes to the Terms

We reserve the right to update or modify these Terms at any time without prior notice. Any updates or modifications will be effective immediately upon posting the revised Terms on the App. Your continued use of the App or the Services after any updates or modifications to these Terms will indicate your acceptance of such updates or modifications.

License to use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and install a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal use. You may not:

• copy, modify, or create derivative works based on the App or Services;
• distribute, transfer, sublicense, lease, lend, or rent the App or Services to any third party;
• reverse engineer, decompile, or disassemble the App or Services or attempt to discover the source code or algorithms of the App or Services; or
• use the App or Services for any commercial purposes.

Account registration

In order to use the App and the Services, you may be required to register for an account and provide certain personal information, such as your name, email address, and phone number. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You agree to accept responsibility for all activities that occur under your account or password. You agree to only register one account on the App and Services.

User content

The App and Services may allow you to submit, post, or otherwise publish content, including, but not limited to, text, photos, and videos (collectively, “User Content”). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the App and Services. You represent and warrant that you have all rights, licenses, permissions, and consents necessary to grant us this license for any User Content that you submit.

User conduct

You agree to use the App and Services only for lawful purposes and in accordance with these Terms. You agree not to use the App or Services to:

• Submit, post, or otherwise publish any User Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or that contains hate speech or pornography;
• Violate any applicable local, state, national, or international law or regulation;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Harm minors in any way; and
• Attempt to gain unauthorized access to the App or Services, or any other computer or network connected to the App or Services, or to any of the Services offered on or through the App or Services.

You agree to provide accurate, current, and complete information during the registration process and to update such information as needed to keep it accurate, current, and complete.

Intellectual property rights

The App, Services, and all content and materials included on or within the App or Services, including, but not limited to, text, graphics, images, logos, and software, are the property of us or our licensors and are protected by copyright and trademark laws. You may not use any content or materials on the App or Services for any commercial purpose without the express written consent of us or the appropriate licensor.

Disclaimer of warranties

The App and Services are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the App or Services or the information, content, materials, or products included on or within the App or Services. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We will not be liable for any damages of any kind arising from the use of the App or Services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

Limitation of liability

We will not be liable for any damages of any kind arising from the use of the App or Services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

Indemnification

You agree to indemnify and hold us and our affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the App or Services, your violation of these Terms, or your violation of any rights of another.

Termination

We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the App or Services at any time, with or without notice, and without liability to you.

We reserve the right to terminate or suspend your account if any information you provide is false, inaccurate, or incomplete.

Governing law

These Terms and your use of the App and Services will be governed by and construed in accordance with the laws of Australia, without giving effect to any principles of conflicts of law.

Dispute resolution

If a dispute arises between you and us, we encourage you to first contact us directly to seek a resolution. We will do our best to resolve any disputes or concerns you may have.

If you are unable to resolve a dispute with us directly, you and the Company agree that any legal disputes arising out of or in connection with the app or these Terms and Conditions will be resolved through binding arbitration in accordance with the Australian Dispute Resolution Centre’s rules for commercial disputes. The arbitration will be conducted in Melbourne, Victoria, Australia.

Nothing in this clause will prevent either party from seeking urgent interlocutory relief from a court of competent jurisdiction in Melbourne, Victoria, Australia.

Entire agreement

These Terms constitute the entire agreement between you and us with respect to the App and Services. If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions of these Terms will remain in full force and effect.

Waiver

The failure of us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Contact us

If you have any questions about these Terms, please contact us at contact@affirmationplayer.app