These Terms of Service ("Terms") govern your use of Dear Friends - the mobile application and related services (the "App") - owned and operated by My Dear Friends LLC ("MDF," "we," "our" or "us"). By accessing or using the App you agree to be bound by these Terms and by our Privacy Policy.
1. Acceptance of Terms
Your use of the App constitutes your acceptance of, and agreement to, these Terms. If you do not agree with any part of these Terms, you must not use the App.
2. Privacy Policy
Our Privacy Policy explains how we collect, use, and share your information. By using the App you consent to those practices.
3. User Eligibility
You must be at least 13 years old to use the App and at least 18 years old to purchase subscriptions.
4. Changes to Terms
We may modify these Terms at any time. We will post the revised Terms and indicate the "Last Updated" date. Continuing to use the App after changes become effective signifies acceptance.
5. User Registration
Account creation requires a valid e-mail and single-use verification code or SSO (Google, Facebook, Apple). You are responsible for safeguarding your credentials. Credentials must not be shared, and concurrent login on multiple devices is prohibited. You are responsible for all activity that occurs under your account.
6. User Conduct
You agree to:
- Comply with all applicable laws and regulations.
- Refrain from harassing, threatening, or harming other users.
- Not attempt to reverse-engineer, decompile, or disassemble any part of the App.
- Not use the App for any unlawful, fraudulent, or unauthorised purpose.
- Not reproduce, distribute, publicly display, or create derivative works from any App content without our prior written consent.
- Not interfere with or disrupt the integrity or performance of the App or its servers.
7. Intellectual Property & Content Ownership
All content available through the App - including but not limited to audio recordings, guided meditations, music, text, graphics, logos, icons, images, software, and the compilation thereof - is the exclusive property of MDF or its licensors and is protected by copyright, trademark, and other intellectual-property laws.
You may not copy, reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any content obtained from or through the App without our prior written permission.
All trademarks, service marks, trade names, and logos displayed in the App are the property of MDF. Nothing in these Terms grants you any right or licence to use any MDF trademark.
8. User-Generated Content
If you submit any content to the App (including feedback, reviews, or suggestions), you grant MDF a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media. You represent and warrant that you own or have the necessary rights to grant this licence and that your content does not infringe any third-party rights.
MDF reserves the right to remove any user-generated content at its sole discretion and without notice.
9. Health and Wellness Disclaimer
The App provides meditation, wellness, and relaxation content for general informational and educational purposes only. App content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
Always seek the advice of your physician or other qualified health-care provider with any questions you may have regarding a medical condition.
MDF makes no representations or warranties regarding the accuracy, completeness, or effectiveness of any content provided through the App. You use the App and its content entirely at your own risk.
10. Subscription Terms
Subscriptions are sold through the Apple App Store or Google Play Store; their respective terms govern billing, renewal, and cancellation. MDF does not directly process subscription payments.
No refunds are provided directly by MDF. Refund requests should be directed to the applicable app store in accordance with their policies.
11. Account Suspension and Termination
We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we determine, in our sole discretion, violates these Terms, is harmful to other users or third parties, or is otherwise objectionable.
Upon termination, your right to use the App will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual-property provisions, disclaimers, limitations of liability, and indemnification.
12. Liability Disclaimer & Limitation of Liability
THE APP, SERVICES, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MDF AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
12.1 Indirect-Damages Exclusion
IN NO EVENT SHALL MDF BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF MDF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Aggregate Cap
MDF'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED USD 100 OR THE TOTAL AMOUNT YOU PAID MDF IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.
12.3 Non-Excludable Rights
Nothing in these Terms excludes or limits liability for gross negligence, wilful misconduct, fraud, or any liability that cannot be limited under applicable law.
13. Indemnification
You agree to indemnify, defend, and hold harmless MDF and its affiliates, officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual-property or privacy right; or (d) any content you submit through the App.
14. Dispute Resolution & Arbitration
Informal Resolution. Before filing a claim, e-mail support@mydearfriends.org; we will attempt to resolve the dispute within thirty (30) days.
Binding Arbitration. Unresolved disputes shall be settled by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, in New York County, New York (or by secure video conference at your election).
Class-Action Waiver. All claims must be brought in your individual capacity; you waive the right to participate in any class, collective, or representative action.
Exceptions. Either party may seek injunctive relief for intellectual-property infringement or file in small-claims court if eligible.
15. CCPA Compliance
California residents have the rights set out in our Privacy Policy, including the right to know, access, or delete personal information and the right to opt-out of certain data disclosures.
16. App Store & Google Play Compliance
You acknowledge and agree to comply with all applicable terms and policies of the Apple App Store and Google Play Store when downloading or using the App.
17. Force Majeure
MDF shall not be liable for any failure or delay in performing its obligations where such failure or delay results from events beyond its reasonable control, including but not limited to natural disasters, pandemics, acts of government, internet outages, or third-party service failures.
18. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of New York, USA, without regard to conflict-of-laws principles.
19. Changes & Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative of MDF.
20. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
21. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and MDF regarding the use of the App and supersede all prior agreements and understandings.
22. Contact Information
My Dear Friends LLC
25 Melville Park Road, Suite 69
Melville, NY 11747, USA
E-mail: support@mydearfriends.org
Website: mydearfriends.org