LucidDream Terms of Service
These Terms of Service ("Terms") apply specifically to LucidDream, an iOS and watchOS application published by High Desert Software Entertainment LLC ("we", "us", "our"). By downloading, installing, or using LucidDream (the "App"), you agree to these Terms. If you do not agree, please do not use the App. Other apps we publish may have their own terms.
1. The App and Its Purpose
LucidDream helps you practice techniques associated with lucid dreaming, including Wake Back to Bed (WBTB), Wake-Initiated Lucid Dreaming (WILD), Reality Checks, and dream journaling.
2. Educational and Experimental Use Only
The App does not diagnose, treat, cure, or prevent any health condition. If you have a sleep disorder, mental health condition, take medications that affect sleep, or have any other medical concern, please consult a qualified healthcare professional before using the App or attempting lucid dreaming techniques. Some people experience sleep paralysis, vivid nightmares, or sleep disruption when attempting WBTB or WILD; if this concerns you, discontinue use.
3. Alarms and Sleep Reminders Are Not Safety-Critical
The App schedules iOS notifications for WBTB alarms, Reality Check reminders, and WILD haptic events. These notifications are delivered by iOS subject to system rules including (but not limited to) Focus modes, Do Not Disturb, Sleep Focus, ringer state, volume, low-battery conditions, device-storage pressure, and Apple's own notification delivery policies. We make best efforts to deliver them reliably, but make no guarantee.
Do not rely on the App as your sole alarm for time-critical events such as work, flights, medical appointments, transportation, or anything where missing an alarm has serious or safety-related consequences. Use a dedicated alarm app or a hardware alarm for those purposes.
4. License
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, revocable, limited license to install and use the App on Apple devices you own or control, in accordance with Apple's App Store Terms of Use. You may not:
- Redistribute, sell, lease, or sublicense the App
- Modify, decompile, reverse engineer, or attempt to derive source code from the App
- Remove or alter any proprietary notices in the App
- Use the App to violate any applicable law or regulation
5. User-Generated Content
Dream journal entries and any other content you create in the App belong to you. We do not claim ownership of content you create.
6. Intellectual Property
All rights, title, and interest in the App (including its source code, design, layout, copy, and trademarks) remain with High Desert Software Entertainment LLC or our licensors. Apple, Apple Watch, watchOS, iOS, HealthKit, and related marks are trademarks of Apple Inc., registered in the United States and other countries.
7. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF DATA. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT NOTIFICATIONS, ALARMS, OR HAPTIC SIGNALS WILL ALWAYS BE DELIVERED ON TIME OR AT ALL.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, HIGH DESERT SOFTWARE ENTERTAINMENT LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, INCLUDING WITHOUT LIMITATION DAMAGES FOR MISSED ALARMS, LOST OR INACCURATE DREAM DATA, SLEEP DISRUPTION, SLEEP PARALYSIS, NIGHTMARES, OR ANY ADVERSE EXPERIENCES RELATED TO LUCID DREAMING TECHNIQUES.
OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE APP IN THE TWELVE MONTHS PRECEDING THE CLAIM. IF YOU PAID NOTHING, OUR LIABILITY SHALL NOT EXCEED USD $50.
9. Indemnification
You agree to indemnify, defend, and hold harmless High Desert Software Entertainment LLC and its officers, employees, and agents from any claim, demand, loss, or damage (including reasonable attorney's fees) arising out of your misuse of the App, your violation of these Terms, or your violation of applicable law.
10. Updates and Changes to the App
We may update, change, or discontinue the App or its features at any time, with or without notice. Updates are delivered through the Apple App Store and may require your acceptance.
11. Purchases and Refunds
If the App is offered for purchase, or if it includes in-app purchases or subscriptions, all transactions are processed by Apple through the App Store under Apple's terms. We do not directly process payments and do not directly issue refunds for App Store purchases. Refund requests should be submitted to Apple at https://reportaproblem.apple.com or through your Apple ID purchase history. If we offer subscriptions, the subscription terms (including auto-renewal, billing periods, and cancellation instructions) will be presented to you at the time of purchase as required by Apple, and you can manage and cancel subscriptions in your Apple ID settings.
12. Termination
You may stop using the App and uninstall it at any time. We may also terminate or suspend your access to the App if you violate these Terms. Provisions that by their nature should survive termination (including disclaimers, limitations of liability, indemnification, and the dispute-resolution provisions below) will survive.
13. Disputes and Arbitration
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.
a. Informal Resolution. Before filing any formal claim, you and we agree to first try to resolve the dispute informally. You must send written notice of the dispute to info@highdesertsoftwareentertainment.com describing the dispute, the relief you seek, and your contact information. We will use the email address you provide in that notice. Both parties will make a good-faith effort to resolve the dispute within sixty (60) days after the notice is sent.
b. Mandatory Binding Arbitration. If the dispute is not resolved informally within sixty (60) days, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the App, or your relationship with us will be resolved exclusively by final and binding individual arbitration, rather than in court, except as provided in the Small Claims Carve-Out below. Arbitration will be administered by JAMS (or, if JAMS is unavailable, by the American Arbitration Association) under its applicable consumer rules in effect at the time the claim is filed. The arbitration will be conducted in Maricopa County, Arizona, or remotely at the arbitrator's discretion. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
c. Class Action Waiver. You and we agree that any dispute will be resolved only on an individual basis, and not as a class, consolidated, collective, or representative action. The arbitrator may not consolidate the claims of more than one user and may not preside over any form of class or representative proceeding. If a court or arbitrator decides that this Class Action Waiver is unenforceable as to any particular claim, that claim (and only that claim) will be severed from arbitration and brought in court, while all other claims will continue in arbitration.
d. Small Claims Carve-Out. Either party may bring a qualifying individual claim in a small claims court in Maricopa County, Arizona, as an alternative to arbitration, provided the claim remains in small claims court and is brought only on an individual basis.
e. 30-Day Opt-Out. You may opt out of this Disputes and Arbitration section by sending written notice to info@highdesertsoftwareentertainment.com within thirty (30) days of first installing the App. Your notice must include your full name, the email address associated with your installation if any, and a clear statement that you wish to opt out of arbitration under these Terms. If you opt out, all other provisions of these Terms continue to apply, and disputes will be resolved in court per Section 13(f) below.
f. Governing Law and Forum. These Terms and any dispute arising from them are governed by the laws of the State of Arizona, USA, without regard to its conflict-of-law provisions. To the extent any dispute is not subject to arbitration (whether because of the Small Claims Carve-Out, your opt-out, or a court ruling), it will be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to personal jurisdiction in those courts.
14. Apple App Store Terms
You agree to comply with Apple's terms (App Store Terms of Service, Usage Rules, and Licensed Application End User License Agreement) in addition to these Terms. Apple is not a party to these Terms and has no responsibility for the App, its content, or any claims you may have related to it.
15. Changes to These Terms
We may update these Terms from time to time. The "Last Updated" date at the top reflects the most recent revision. Continued use of the App after changes are posted constitutes acceptance.
16. Contact
If you have questions about these Terms, please contact us at:
Email: info@highdesertsoftwareentertainment.com
Entity: High Desert Software Entertainment LLC, Arizona, USA