Agreement
These Terms of Use (“Terms”) govern your use of Hushtime (the “App”), provided by Kaielian (“we”, “us”). By downloading or using the App, you agree to these Terms. If you do not agree, please do not use the App.
These Terms supplement Apple’s Licensed Application End User License Agreement (“Standard EULA”). If there is a conflict between these Terms and the Standard EULA regarding your license to use the App, the Standard EULA applies.
License
We grant you a personal, non-transferable, non-exclusive license to use the App on Apple-branded devices that you own or control, as permitted by the App Store Usage Rules. You may not copy, modify, reverse engineer, resell or distribute the App, except where such restrictions are prohibited by law.
Purchases and subscriptions
Some features require a purchase. Prices are shown in the App before you buy and may vary by region.
- Payment is charged to your Apple ID account when you confirm the purchase.
- Subscriptions renew automatically unless auto-renew is turned off at least 24 hours before the end of the current period.
- Your account is charged for renewal within 24 hours before the end of the current period, at the price of the plan you selected.
- You can manage or cancel subscriptions in Settings › your name › Subscriptions, or at apps.apple.com/account/subscriptions. Deleting the App does not cancel a subscription.
- If a free trial is offered, any unused portion is forfeited when you purchase a subscription.
All purchases are processed by Apple. Refund requests are handled by Apple at reportaproblem.apple.com. Purchases can be restored on your other devices with the same Apple ID.
Your account
You are responsible for keeping your account secure and for activity under it. You can delete your account at any time from within the App, which permanently deletes the data associated with it.
Your content
You keep all rights to the content you create in the App. You are responsible for your content and for keeping backups of anything important to you.
Acceptable use
- Do not use the App for anything unlawful, harmful or fraudulent.
- Do not try to interfere with, disrupt or gain unauthorized access to the App or related systems.
- Do not use the App to infringe anyone else’s rights.
Third-party services
The App relies on third-party services described in our Privacy Policy. Your use of those services may also be subject to their own terms.
Intellectual property
The App, including its design, code, graphics and trademarks, is owned by Kaielian or its licensors and is protected by intellectual property laws.
Not medical advice
The App is designed for general wellness and informational purposes only. It is not a medical device and does not provide medical advice, diagnosis or treatment. Always seek the advice of a qualified health professional with any questions about your health.
Disclaimers
The App is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the App will be uninterrupted or error-free.
Limitation of liability
To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data or profits. Our total liability for any claim relating to the App will not exceed the amount you paid for the App in the twelve months before the claim, or US$50, whichever is greater. Some jurisdictions do not allow these limitations, so they may not apply to you.
Termination
You may stop using the App at any time. We may suspend or end your access if you breach these Terms. Sections that by their nature should survive termination will survive.
Governing law
These Terms are governed by the laws of the Commonwealth of Virginia, United States, without regard to conflict-of-law rules, except where the law of your country of residence requires otherwise. Nothing in these Terms limits rights you have under mandatory consumer protection law.
Apple-specific terms
- These Terms are between you and Kaielian only, not Apple. Kaielian, not Apple, is solely responsible for the App and its content.
- Kaielian is solely responsible for providing maintenance and support for the App. Apple has no obligation to provide any maintenance or support services.
- If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
- Kaielian, not Apple, is responsible for addressing any claims relating to the App or your use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, consumer protection or privacy claims, and intellectual property infringement claims.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms (for example, your wireless data service agreement) when using the App.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple will have the right to enforce these Terms against you.
Changes to these terms
We may update these Terms from time to time. We will post the updated Terms on this page and update the effective date. Continued use of the App after changes take effect means you accept the new Terms.
Contact
Questions, complaints or claims about the App can be sent to Kaielian at hi@kaielian.com.