These Terms of Service ("Terms") govern your use of Snug: Sleep & Wake Alarm ("App"). By using the App, you agree to these Terms.
The App is not a medical device and does not provide medical advice.
Sleep tracking, alarms, and any insights provided by the App are for informational and wellness purposes only. They are not intended to diagnose, treat, cure, or prevent any disease or health condition.
If you have concerns about your sleep or health, consult a qualified healthcare professional. Do not disregard professional medical advice or delay seeking it because of information from the App.
The App's alarm features should not be relied upon for time-critical situations where failure to wake could result in harm.
No Professional Relationship: Use of the App does not create a doctor-patient, therapist-client, or any other professional healthcare relationship between you and Moleku. The App is a general wellness tool, not a healthcare provider.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. You assume full responsibility for any consequences arising from your use of or reliance on the App, including but not limited to:
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes, subject to these Terms and the applicable app store rules (Apple App Store, Google Play).
If you create an account:
You agree not to:
The App may offer premium features through in-app purchases or subscriptions:
We may offer free trial periods for premium subscriptions:
All rights in the App, including design, code, graphics, sounds, and content, belong to Moleku or our licensors. You may not copy, modify, or distribute any part of the App without permission.
Your use of the App is also governed by our Privacy Policy, which describes how we collect and use your information.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the App will be uninterrupted, error-free, or free of harmful components. Alarm reliability depends on your device settings, battery, and operating system behavior.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
You agree to indemnify, defend, and hold harmless Moleku, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the App, violation of these Terms, or infringement of any third-party rights.
We may suspend or terminate your access if you violate these Terms. You may stop using the App at any time. Upon termination, your license to use the App ends, but provisions that should survive (disclaimers, limitations, indemnification, arbitration, etc.) will remain in effect.
These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Informal Resolution: Before filing any claim, you agree to try to resolve the dispute informally by contacting us at moleku@proton.me. We'll try to resolve the dispute informally within 60 days.
Binding Arbitration: If we cannot resolve the dispute informally, you and Moleku agree to resolve any claims through final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules, except as modified by this section. The arbitration will be conducted in English, in California, USA (or via phone/video if you prefer).
Class Action Waiver: YOU AND MOLEKU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
Exceptions: Either party may bring claims in small claims court if eligible. Either party may seek injunctive relief in court for intellectual property infringement.
Opt-Out: You may opt out of this arbitration agreement by sending written notice to moleku@proton.me within 30 days of first using the App. If you opt out, you may pursue claims in court.
We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, power outages, internet failures, or government actions.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Moleku regarding the App and supersede all prior agreements and understandings.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
We may update these Terms. Material changes will be announced in-app or via the app stores. Continued use after the effective date means you accept the updated Terms.
Questions about these Terms? Email: moleku@proton.me