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END USER LICENSE AGREEMENT for ManifestYourDreams.app

Last updated: October 21, 2024

ManifestYourDreams.app (later as in App, Service, Licenced Application or The Application) is licensed to You (End-User) by Tuunix Oy, located at Finland ("Licensor"), for use only under the terms of this License Agreement. We are registered in Finland. Our VAT number is FI20610404.
By downloading the Licensed Application from Apple's software distribution platform ("App Store") or Google's software distribution platform ("Play Store"), or any alternative ways of using it, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as "Services."

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Tuunix Oy, not the Services, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). Tuunix Oy acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

ManifestYourDreams.app transacted through the Services is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. the App is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").

1. THE APPLICATION
ManifestYourDreams.app ("Licensed Application") is a piece of software created to help people generate personalised affirmation that consist of real human voices. Thus the purpose of the application and the content created by it is for personal usage only.
The Application is not for medical purposes, nor medical advice.

2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Tuunix Oy's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application. You may not share or publish fully or partially any content created with the Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Tuunix Oy's prior written consent).

2.6 You may not brute force or automate the useage of the Application or it's functions / Api's. You as an User are allowed to have only one user account even if you own multiple devices.

2.7 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.8 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.9 Licensor reserves the right to modify the terms and conditions of licensing.

2.10 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS
3.1 The Licensed Application's required operatin system version is listed in the Services page. Licensor recommends using the latest version of the firmware. We may not be held responsible to provide compatibility with every device and operating system version.

3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. MAINTENANCE AND SUPPORT
4.1 You as an end user may contact Our support email address for support regarding The Application. Support and solutions are not guaranteed.

5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://manifestyourdreams.app/privacypolicy.htm

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

6. CONTRIBUTION LICENSE

The Application is used to generate audio content from the user's input. This generated audio content is for personal usage only and it is still licenced to Tuunix Oy. It is combined by the server-software and not directly created by the User (You) thus all rights are reserved by Us, excluding the right for you to listen that generated content for your personal use.

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions of any feedback regarding The Application, you agree that we can use and share such feedback for any purpose without compensation to you.

7. LIABILITY
7.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations). In any case, liability shall be limited to the foreseeable, contractually typical damages limited by possible Licence amount paid by the User in the last 12 months.

7.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

7.3 Licensor takes no accountability and responsibility in case of using The Application while driving or operating heavy or hazardous machinery. It is up the user to be aware of hes/her doing and surroundings at all times.

8. WARRANTY
8.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

8.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Tuunix Oy's sphere of influence that affect the executability of the Licensed Application.

8.3 You are required to inspect the Licensed Application immediately after installing it and notify Tuunix Oy about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been emailed within a period of 3 days after discovery.

8.4 If we confirm that the Licensed Application is defective, Tuunix Oy reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

8.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application possible purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

8.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

9. PRODUCT CLAIMS
Tuunix Oy and the End-User acknowledge that Tuunix Oy, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, including, but not limited to:

(i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application's use of the HealthKit and HomeKit.

10. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.

11. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
info (at) manifestyourdreams.app

12. TERMINATION
The license is valid until terminated by Tuunix Oy or by You. Your rights under this license will terminate automatically and without notice from Tuunix Oy if You fail to adhere to any term(s) of this license or there is an suspect of misuses of The Application or parts of it. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Tuunix Oy represents and warrants that Tuunix Oy will comply with applicable third-party terms of agreement when using Licensed Application.

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
In case of payment / subscription, the Paddle payment terms and Paddle Privacy policy are applicable.

14. REFUND POLICY
This service is a Digital Content that you can try for free without paying. This helps to avoid most of the needs to have a refund.
If you think that your righs as a Consumer has violated by the product not being as it should, you can ask for a refund by contacting us by email.
All refund requests must be done as soon as possible after the payment.
If you were charged wrong amount, or charged twice by mistake, OR
if the payment was made fraudulently,
You can contact directly Paddle
The refund has to be processed by the payment gateway that processed your purchase.
Refund policy can be found Paddle payment terms

15. INTELLECTUAL PROPERTY RIGHTS
All content in the in the Service is for the personal use only. Not to re-distribute, publish, share or show in public without written agreement from Tuunix Oy.

16. APPLICABLE LAW
This License Agreement is governed by the laws of Finland excluding its conflicts of law rules.

For any question or disagreement that may arise regarding The App, contents, and services contracted, and/or with the services provided by Tuunix Oy, said conflict will be governed by the applicable regulations and/or jurisdiction that corresponds, depending on the condition of the User:
In the case of User and/or entities, both parties submit to the laws and jurisdiction of Finland.
In the case of individual User, they will have to resolve their disputes in accordance with the applicable law and jurisdiction of the particular User country.

Specifically, in the case of User resident in the European Union, and in the case of a legal dispute in consumer matters, in accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides an online dispute resolution platform which is available at the following link: https://ec.europa.eu/consumers/odr/

17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.