Terms of Use

Last Updated: 18 December 2023

1. AGREEMENT

Welcome to Dreamlamp®! By installing or using the Dreamlamp® app, you acknowledge and agree to the following Terms. Please read them carefully. If you do not agree with these Terms or if you violate them, you may not use our app. If a minor is using our app, you confirm that you accept these Terms as their parent or guardian. For information regarding legal rights in disputes involving our app, please refer to Sections 12-13 below.

We reserve the right to amend these Terms from time to time. By continuing to use the Dreamlamp® app after any modifications, you accept the updated Terms. Please check for updates periodically (the latest revised date is posted at the very top). We may enhance or modify the app, its content, functionality, features, or applications (collectively referred to as our "Content") at any time. We may also, in our sole discretion, restrict, suspend, or terminate access to all or part of the app at any time, with or without prior notice, and without liability.

2. CHILDREN

Dreamlamp® is designed, in part, for use by children, and there are no age barriers to access. Users under 18 should use the app with the permission of a parent or guardian. Parents or guardians of users under 18 should carefully review these Terms. Any information submitted or read by minors is subject to the consent of their parent or guardian. We advise parents or guardians who permit minors to use Dreamlamp® to monitor their activities when using any online services. If you allow a child to use a device to access, view, or listen to content on the app, you are solely responsible for deciding whether that content is appropriate for the child.

3. PRIVACY

Personal information collected by Dreamlamp® in connection with the app will be maintained in accordance with our posted App Privacy Policy, which is incorporated herein by reference.

4. OUR CONTENT IS FOR ENTERTAINMENT, OR EDUCATIONAL PURPOSES ONLY

The content in Dreamlamp® is provided for general entertainment, or educational purposes only. While we make reasonable efforts to provide high-quality content through our app, we make no representations, warranties, or guarantees, whether express or implied, that our Content is accurate, complete, or up to date.

5. PAYMENTS AND BILLING

If you decide to use fee-based features of Dreamlamp®, you may be required to pay a fee ("Fee") on a one-time or subscription basis ("Subscription"). The terms for any Fees or Subscriptions are generally governed by the specific app store through which you process the transaction. Fees or Subscriptions may be revised at any time, effective as of the next billing cycle. By opting in to pay a Fee or Subscription for any features, you agree to pay the applicable amounts in accordance with these Terms and the relevant app store terms. All Fees and Subscriptions are exclusive of taxes, and you are responsible for paying all such Taxes.

Payment obligations are non-refundable once initiated by you. Except as expressly set forth in these Terms, applicable app store terms, or otherwise agreed upon with us in writing, we do not issue refunds for early cancellation or any other reason. Fees and Subscriptions provide access to Materials for up to 12 months after purchase, expiring thereafter.

6. YOUR RESPONSIBILITIES

You are responsible for any activity that occurs through your Dreamlamp® account(s). All information provided must be true, accurate, current, and complete. You are responsible for ensuring that all persons accessing Dreamlamp® through your device(s) are aware of and comply with these Terms and other applicable terms and conditions.

If you receive a user identification code, password, or other information as part of our security procedures ("Credentials"), treat such information as confidential and do not disclose it to any third party. We reserve the right to disable your Credentials if you fail to comply with these Terms. Notify us promptly if you suspect unauthorized access to your Credentials.

You agree not to:

(a) decompile, reverse engineer, modify, or create derivative works based on the app;
(b) disable any licensing or control features of the app;
(c) introduce viruses or code intended to disrupt or damage the app;
(d) merge the app or Content with another program;
(e) remove or alter any copyright or proprietary legends on the app or Content;
(f) sublicense, assign, rent, lease, distribute, or transfer Content or app access;
(g) use the app in violation of applicable laws or regulations;
(h) engage in fraudulent, illegal, misleading, malicious, or negligent activities;
(i) access the app using automated programs, electronic agents, or "bots";
(j) provide unauthorized access to the app to any other person or entity;
(k) scrape, copy, republish, license, or sell data or information from the app.

7. OUR INTELLECTUAL PROPERTY RIGHTS

We (with our licensors) own all Materials available through Dreamlamp®, including visual interfaces, interactive features, graphics, scripts, photos, sounds, music, videos, designs, compilations, computer code, products, software, text, usage data, system logs, and all other elements. We (with our licensors) own copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights associated with Dreamlamp® worldwide. You may not modify, reproduce, distribute, create derivative works, or exploit any of the Materials except as expressly authorized by us or the applicable licensor. All rights are reserved.

Our brand is subject to registered trademarks controlled by us, or our licensors. Use of our trademark requires our advance written approval.

Subject to your acceptance and compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use Dreamlamp® and Materials for your personal and lawful purposes in accordance with these Terms, our Privacy Policy, and any other applicable terms and conditions. Under this license, you may download or print screenshots from Dreamlamp® for personal use and privately draw attention to Materials. Do not modify, distribute, or post Materials for commercial purposes or in any manner inconsistent with our Brands, unfair, illegal, or potentially damaging to our reputation.

8. LINKS ON OTHER APPS, WEBSITES, AND SERVICES ON SOCIAL MEDIA

Dreamlamp® is ad-free within the app itself, as we do not feature advertisements. However, Dreamlamp® may be showcased on external websites, apps, or services operated by other entities, which could be of interest to our users. It's important to note that we do not offer any warranty, endorsement, or sponsorship for the advertised or linked websites, apps, or services, nor do we vouch for the information or products displayed on those platforms. Your use of third-party websites, apps, or services is at your own risk and subject to the terms and conditions applicable to such sites and resources.

We may maintain a presence on social media platforms ("Social Media Platforms") to share information about Dreamlamp® and facilitate discussions about our services. The comments, visuals, and other materials posted by visitors on our Social Media Platforms do not necessarily reflect our opinions or views. All use of Social Media Platforms must comply with their respective terms of use. We may review some postings on our Social Media Platforms and may remove postings at our discretion.

9. LINKING TO OUR APPS

You may link to Dreamlamp® in a fair and legal manner that does not damage our reputation or take advantage of it. References or links to our app should not suggest any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice. For any linking beyond the permitted scope, please contact hello@dreamlamp.app

10. APP STORE TERMS

If you access Dreamlamp® from a third-party app store platform (e.g., Apple, Google) "App Store", your access and use will also be subject to that App Store’s terms ("App Store Terms"). Please note the following:

These Terms are between you and Dreamlamp®; the App Store is not responsible for our app and materials.
The App Store has no obligation to provide maintenance and support services for Dreamlamp®.
The App Store has no warranty obligations for our app, and any claims related to our app will be handled by us, not the App Store.
In the event of intellectual property infringement claims, we are solely responsible, not the App Store.
You must comply with App Store Terms, including representing that you are not in a restricted country and are not on any restricted party list.
The App Store and its legal affiliates are third-party beneficiaries of these Terms, with the right to enforce these Terms against you.

Review your App Store Terms for additional relevant terms and conditions. We do not control your App Store Terms, including their privacy policy and practices.

11. DISCLAIMER OF WARRANTIES

Dreamlamp® and its content is provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that Dreamlamp® or content is accurate, reliable, or correct in all respects, that they will be available at any particular time or location, that any defects or errors will be corrected, or that they are free of viruses or other harmful components. Your use of Dreamlamp® and materials is solely at your risk. Some jurisdictions may not permit the exclusion of certain warranties, so some of these exclusions may not apply to you.

Dreamlamp® (together with our service providers, officers, directors, owners, and agents collectively referred to as "Releasees") is not liable for any damages arising out of or relating to the use or inability to use Dreamlamp® or materials, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, any computer virus, or other failure. Releasees will also not be liable for any direct or indirect, special, incidental, exemplary, punitive, or consequential damages, even if we have been advised of the possibility of such damages. Releasees shall not have any liability or responsibility for any acts, omissions, or conduct of any user or other third party.

By accessing Dreamlamp®, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and you acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California and any similar law of any state or territory.

12. INDEMNITY

You agree that you will be responsible for any damages resulting from your violation of these Terms or applicable laws, and you further agree to indemnify and hold all Releasees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation of these Terms or applicable laws.

13. JURISDICTION; GOVERNING LAW; CLASS ACTION WAIVER

Please note that these Terms, their subject matter, and their formation are governed by European law. Both you and Dreamlamp® agree that the courts of Malta will have exclusive jurisdiction. Our Terms and Privacy Policy are provided in English, and in the case of any dispute or ambiguity, the English version shall prevail. We make no representation that Dreamlamp® or materials are appropriate, lawful, or available for use in all countries or jurisdictions. You are responsible for your compliance with local laws.

14. ENTIRE AGREEMENT; SEVERABILITY

You acknowledge that you have read and understood and agree to be bound by these Terms. You further agree that these Terms (including our posted Privacy Policy) constitute the complete and exclusive statement of the agreement between you and Dreamlamp® relating to the app, and supersede all prior agreements, oral or written, and any other communications relating to the subject matter. In the event that a court or other authority of competent jurisdiction finds any portion of these Terms unenforceable, that portion shall not be effective, and the remainder of the agreement shall remain effective.

These Terms and your use of Dreamlamp® do not create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Dreamlamp®. Any rights or licenses granted under these Terms may not be transferred or assigned by you, but may be assigned by Dreamlamp® without restriction. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.

15. HOW TO CONTACT US

To contact us, you can write to us at Dreamlamp Ltd; or use the following email addresses, as applicable: hello@dreamlamp.app