Last modified April 18, 2021
Welcome to DreamWise!
DreamWise.com and our mobile applications (collectively, “DreamWise”), are owned by DreamWise, LLC, a Florida limited liability company (the “Company”, “we” or “us”).
We provide mobile content for meditation and mindfulness. The Company is not a healthcare or therapy provider. We make no claims, representations, warranties, or guaranties that information found on, or made available through, DreamWise will treat any condition or be a substitute for therapy. DreamWise and its Services (as defined below) are provided for general informational and educational purposes only. Please contact a healthcare professional or therapist if you require help.
The services provided by the Company are intended to provide only the person with a User Account with suggestions for meditations and other self-improvement practices. DreamWise and any information or services provided hereby are not provided by a medical doctor, clinician, therapist or licensed professional and therefore are not a substitute for medical advice. If you feel that your psychological state is interfering with your life, health or ability to live life to its fullest, please contact a medical professional immediately. You are solely responsible for your well-being, both mentally and physically, while using DreamWise or any other services offered by the Company. We make no representations of warranties as to the effectiveness of DreamWise or the Company’s other services. Experiences and results will vary.
Some services provided by or through DreamWise require you to close your eyes, enter a deep state of relaxation and otherwise disengage from the outside world; you understand that it is your responsibility to use these services in a place, manner, method, and time which is most appropriate for maintaining your safety and the safety of those around you. Under no circumstance should you ever use DreamWise while driving or operating any vehicle or machinery.
If you or someone you know is in an emergency, call The National Suicide Prevention Lifeline at 1-800-273-TALK (8255) or call 911 immediately.
1. Your Use of DreamWise
- DreamWise includes mobile application that allow users access guided meditation, mindfulness, and other information (the “Services”). The Services are subject to change or be removed at any time. Not all Services may be suitable for every user. If you have questions about the Services, please contact us through the DreamWise mobile application. Do not use the Services if you have been advised against doing so by a healthcare professional or therapist.
- We have established requirements in order to make DreamWise a safe, enjoyable, and enlightening experience for all users. You agree that:
- You are at least 18 years of age or the age of majority in your jurisdiction. Users younger than 18 years of age, or the age of majority in their jurisdiction, may access DreamWise only with the consent of a parent or legal guardian and that person’s acceptance of these Terms.
- You are legally permitted to use DreamWise and will follow all applicable laws, rules, and regulations when using DreamWise. You will not use DreamWise in any way which may be illegal or in violation of any law, rule, or regulation.
- All information that you submit to the Company or upload to DreamWise is accurate, truthful, and complete in all respects and that you will maintain it as such.
- You are not located in, under the control of, or a national or resident of any country which the United States has (a) embargoed goods, (b) identified as a “Specially Designated National”, or (c) placed on the Commerce Department’s Table of Deny Orders.
- You will not index, crawl, decompile, scrape, or reverse engineer any part of DreamWise.
- You will not interfere with DreamWise’s security or network.
- We can terminate or restrict your use of DreamWise or any portion of the Services at any time and in our sole discretion. No refunds, credits, or offsets of any kind will be offered.
- We reserve the right to discontinue or modify DreamWise or any portion of the Services at any time. We may not provide advanced notice if this happens.
- You expressly agree to the processing and storage of your personal information in the United States for purposes of providing the Services, analyzing usage of the Services, and processing payments. You acknowledge that the United States may not legally afford the same degree of protection to personal information as your country.
- You agree to use only use DreamWise in a manner that is safe. You may not use DreamWise while driving, operating a vehicle, or operating other machinery. You may not use DreamWise if doing so would pose a danger to anyone else.
2. User Accounts and Subscriptions
- User Accounts are personal and cannot be shared. You agree to be responsible for all use of your User Account.
- If you create a User Account you will be required to select a subscription level (the “Subscription”). You will be granted a limited license to use the Services for as long as your Subscription is active. Subscriptions may be purchased through the DreamWise.com website or the applicable mobile application store. Subscription purchases are final and will not be refunded. Your Subscription purchase will also be subject to either the Apple or Google payment terms if you purchase through the Apple App Store or Google Play Store, as applicable. If you terminate your Subscription, you may still have access to your User Account for the remainder of the Subscription period.
- Subscription features and pricing are subject to change at any time. Please consult the Subscription page within DreamWise to view the available options. Prices are subject to change at any time and may also be subject to tax. All Subscriptions are set to automatically renew for the same period of time as the original Subscription. You may decline to renew at any time prior to the commencement of a renewal Subscription.
- You agree that we may charge the payment method that you have submitted to the Company in regular renewal intervals, at the then-current Subscription price, as described in your Subscriptions. This right will cease upon termination of your Subscription.
- The Company reserves the right to deny Subscriptions or terminate Subscriptions at any time.
3. Purchases and Gifts
- The Company may make certain products (“Products”) available for purchase through DreamWise or its other platforms. The Company may, in its sole discretion, also offer certain Products to users as gifts.
- If you purchase a Product, you agree that the Company may charge your credit card or other payment information for the price indicated on DreamWise. We may use a third-party payment processor to process such payments. Unless expressly provided for within DreamWise, no refunds, credits, or returns will be offered on any Products.
- The Products are not offered or intended to cure or treat any illness or ailment.
4. User Content
- You may be invited to submit certain information to DreamWise (collectively, the “User Content”). By uploading User Content, you grant us a worldwide, royalty free license to use your User Content in order to provide the Services and DreamWise. You or we may delete or modify User Content at any time. Some User Content may include your optional notes (the “Notes”). If you elect to share your Notes with us, we will use your Notes to optimize DreamWise.
5. Intellectual Property
- We ask that you respect our intellectual property. All materials available through DreamWise, including (but not limited to) the name DreamWise and our logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other rights which are owned by or licensed to the Company. You agree not to copy, reproduce, display, or otherwise distribute this intellectual property. This restriction includes sharing your User Account with any other person unless authorized to do so by the type of Subscription you have purchased.
- Please also respect the intellectual property rights of others. You agree not to use DreamWise to transmit any intellectual property that you are not authorized to transmit.
- You agree to indemnify, defend and hold harmless the Company, its affiliates, and their respective directors, officers and employees (collectively, the “Affiliates”) from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your breach of these Terms or your use of DreamWise.
7. LIMITATION OF DAMAGES
- IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE DREAMWISE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INTERRUPTIONS IN SERVICE, LOSS OR CORRUPTION OF DATA OR PROGRAMS, OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, AND/OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO YOUR USE OF DREAMWISE, INCLUDING (WITHOUT LIMITATION) DAMAGES RELATED TO DEATH, INJURY, OR EMOTIONAL DISTRESS. OUR TOTAL AGGREGATE LIABILITY TO YOU SHALL BE THE TOTAL AMOUNT OF MONEY YOU HAVE PAID TO THE COMPANY.
- DREAMWISE IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, ACCURACY, OR QUALITY.
- PLEASE READ THIS SECTION CAREFULLY. THIS SECTION REQUIRES YOU TO ARBITRATE DISPUTES WITH THE COMPANY AND LIMITS THE TYPES OF CLAIMS YOU MAY BRING.
- The parties agree to attempt and resole all disputes with good faith negotiation. Failing a resolution, all disputes arising from, or related to, these Terms will be resolved through binding arbitration on an individual (rather than collective or class) basis. Notwithstanding the previous sentence, you and the Company are not required to arbitrate any (i) request for injunctive relief or (ii) dispute arising out of, or relating to, any alleged unlawful use of copyrights, trademarks, service marks patents, or other intellectual property of any kind.
- Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be brought through the American Arbitration Association, in Palm Beach County, Florida, in the English language, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties will each be responsible for payment of one half (1/2) of the fees and costs of the arbitrator. Except as may be required by law, neither the parties nor an arbitrator may disclose the existence, content, and/or or results of any arbitration without the prior written consent of all of the parties.
- Arbitration will be conducted with a single neutral arbitrator and will utilize the AAA Consumer Arbitration Rules.
- YOU AND THE COMPANY EACH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER (WHETHER THROUGH ARBITRATION OR OTHERWISE) ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION.
9. Terms for Apple Users
- The following additional terms apply only to users who have downloaded the Services through the Apple, Inc. (“Apple”) App Store:
- You and the Company agree that these Terms are an agreement between you and the Company, and not with Apple, and that Apple is not responsible for the Service.
- DreamWise is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with these Terms.
- You will only use DreamWise in connection with an Apple device that is owned or controlled by you.
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to DreamWise.
- If DreamWise fails to conform to any applicable warranty, you may notify Apple of such failure. Upon such notification, Apple’s sole warranty obligation to you will be to refund to you for the purchase price, if any.
- You acknowledge and agree that the Company (and not Apple), is responsible for addressing any claims you or any third party may have in relation to DreamWise.
- You acknowledge and agree that, if any third-party claims that DreamWise or your possession and use of DreamWise infringes that third party’s intellectual property rights, the Company (and not Apple) will be responsible for investigating, defending, settling and discharging any such infringement claim.
- You represent and warrant that you are not located in a country subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
- You and the Company acknowledge and agree that, in using DreamWise, you will comply with any applicable third-party terms of agreement that may affect or be affected by such use.
- You and the Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of the Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as the third party beneficiary of Terms.
10. Additional Terms
- All agreements, notices, disclosures and other communications that the Company provides to you electronically shall satisfy any legal requirement that such communication be in writing.
- These Terms shall be governed and construed in accordance with the laws of the State of Florida without regard for the conflict of law provisions. Any dispute arising hereunder (that is not otherwise required to be arbitrated pursuant to Section 8) shall be brought exclusively in the state or federal courts located in Palm Beach County, Florida.
- The Company may provide you with administrative notices regarding the Company or DreamWise via email. You hereby expressly consent to receive such emails. You may remove yourself from our email list by following the “unsubscribe” instructions in the emails you receive.
- If any provision of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall continue in full force and effect to the maximum extent legally permissible.
- You may be required to automatically download updates to the DreamWise mobile application in order to use it.
- The delay or failure of the either party to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such rights.