Effective Date: 04.04.2025

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These Terms of Use ("Terms") govern your access to and use of the LAMDA mobile application ("LAMDA," "the App"), which is owned and operated by the developer of the App ("we", "our", or "us"). By downloading, accessing, or using the App, you agree to be bound by these Terms. If you don't agree to these Terms, you may not use the App.

Acknowledgement Regarding Apple: You and the End-User (referred to as "you" or "your" herein) acknowledge that these Terms of Use are concluded between you and the developer only, and not with Apple Inc. ("Apple"). The developer, not Apple, is solely responsible for the Licensed Application and its content. These Terms of Use don't provide for usage rules for the Licensed Application that conflict with the Apple Media Services Terms and Conditions as of the Effective Date (which you acknowledge you've had the opportunity to review).

1. Eligibility and Intended Use. LAMDA is for general wellness and relaxation purposes only. It's not a medical or therapeutic device and isn't regulated by health authorities. The App isn't directed to children under 13. If you are under the age of 13, or the minimum age for digital consent in your jurisdiction, you may only use the App under the supervision and with the explicit consent of a parent or legal guardian. By using the App, you represent that you are at least 13 years old or have received such consent from a parent or legal guardian, and are otherwise legally permitted to use the App in your jurisdiction. We do not knowingly collect personal information from children under 13 without verifiable parental consent. By using the App, you represent that you're either at least 13 years old or have received such consent. You agree not to use the App if you're prohibited from doing so under applicable laws. If you have any health concerns, please consult a qualified healthcare professional before using the App.

2. Health Disclaimer. LAMDA is a general wellness application designed to support relaxation, focus, sleep, and mood regulation through non-invasive audio experiences. It's not intended to diagnose, treat, cure, or prevent any disease or medical condition. The App doesn't provide medical or psychological advice and shouldn't be used as a substitute for professional consultation, diagnosis, or treatment. You should consult a licensed healthcare provider before using the App, especially if you have a medical history that includes seizures or epilepsy, tinnitus, psychiatric or psychological conditions, cardiovascular issues, auditory sensitivity or impairments, or any condition that could be affected by sound or rhythmic stimulation. Use of the App is voluntary and at your own risk. Any references to research or scientific studies within the App are for informational purposes only and don't imply that the App produces identical or clinically verified outcomes. LAMDA isn't affiliated with the authors or publishers of such studies.

3. Account and Data Usage. You aren't required to create a traditional personal account (e.g., with email or password) to use LAMDA. During the initial onboarding process, you may voluntarily provide a username. This username is the only personally identifiable information (PII) we directly collect. This username is then associated with a unique anonymous user identifier that is generated by Firebase when you install or use the App. While this anonymous user identifier itself is not linked to your real-world identity and does not contain personal data, its association with your provided username allows us to display your chosen name within the App and enhance your user experience while maintaining secure access. We use third-party tools for analytics and subscription management, including Google Analytics for Firebase to understand aggregated usage patterns, and RevenueCat to manage subscription status and app entitlements. These tools process data, which may include your anonymous user identifier and voluntarily provided username, in accordance with their respective privacy policies. Aside from your username, we do not collect or store any other personal, financial, or health-related data. We may use aggregated or anonymized data for improving our services and, where applicable, for limited advertising and retargeting. For more detailed information on how data is handled, please refer to our Privacy Policy.

4. Intellectual Property Rights and Scope of License. All materials in the LAMDA App, including but not limited to frequency programs, soundscapes, audio compositions, user interface designs, visual artwork, text content, branding, source code, and underlying technology, are the intellectual property of the developer or are licensed from third-party rights holders. The license granted to you for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded products or Android devices that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions and the Google Play Terms of Service, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing, Google Play Family Library, or volume purchasing. You may not reproduce, distribute, or publicly display the App or its content. You may not create derivative works, reverse-engineer, decompile, or attempt to extract the source code. You may not use the App in a resale, commercial, or unauthorized setting. You may not circumvent any protective measures embedded in the App. Any unauthorized use may result in legal action, including damages or injunctive relief.

5. Subscription, Payments, and Billing. LAMDA operates on a hard paywall model. Access to premium content may require either a recurring subscription or a one-time in-app purchase, depending on the selected option. Subscriptions may include a free trial period, after which your Apple or Google account will be charged the applicable rate unless canceled at least 24 hours before the trial ends. Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. You can manage or cancel your subscription through your Apple or Google account settings at any time. We also offer one-time in-app purchases that grant lifetime access to premium content. Lifetime access refers to the duration the app and its services are actively maintained by the developer. In-app purchases don't auto-renew. All payments are processed exclusively through the Apple App Store or Google Play Store. We don't store or process payment information and can't issue refunds directly. Refunds and billing inquiries must be handled through the platform where the purchase was made and are subject to Apple or Google’s terms and policies. Your continued use of the App after the trial period, or after making a purchase, constitutes agreement to the respective terms and pricing.

6. Maintenance and Support. The developer is solely responsible for providing any maintenance and support services with respect to the Licensed Application. We aim to ensure the App functions reliably and remains accessible. However, we don't guarantee continuous or uninterrupted service. We don't guarantee error-free performance or compatibility with all devices or systems. We reserve the right to add, modify, or remove features at any time. We may release updates to improve functionality or security. We may suspend or limit access temporarily for maintenance. You're responsible for keeping your device and the App updated to the latest version. You and the developer acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

7. Warranty. The LAMDA App is provided “as is” and “as available.” We disclaim all warranties, express or implied, to the maximum extent permitted by law, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of information, and availability, reliability, or suitability for your specific use. We don't guarantee the App will be uninterrupted, secure, or free from harmful components, including viruses. The developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed herein. If the Licensed Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the developer.

8. Product Claims. You and the developer acknowledge that the developer, not Apple, 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. These Terms of Use don't limit our liability to the End-User beyond what's permitted by applicable law.

9. Intellectual Property Infringement Claims. You and the developer acknowledge that, if any third-party claims the Licensed Application or your possession and use of that Licensed Application infringes that third party’s intellectual property rights, the developer, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

10. Contact Information for the Developer. For any questions, complaints, or claims with respect to the Licensed Application, please contact the developer at: Jehan Radwan, Brandstrasse 31, 8952 Schlieren, +41794660835, hello@ionhmedia.com

11. Legal Compliance. You represent and warrant that (i) you're not located in a country that's subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you're not listed on any U.S. Government list of prohibited or restricted parties.

12. Acceptable Use Policy. By using the App, you agree to comply with all applicable laws and ethical standards. You mustn't violate any law or regulation. You mustn't upload, share, or transmit harmful, unlawful, or offensive content. You mustn't interfere with or disrupt the App’s security or infrastructure. You mustn't attempt to impersonate another user or misrepresent your identity. You mustn't use the App in a misleading or deceptive way. We reserve the right to suspend, restrict, or terminate your access if you violate this Acceptable Use Policy or any part of these Terms.

13. Limitation of Liability. To the fullest extent permitted by law, we're not liable for indirect, incidental, special, or consequential damages, loss of data, profits, goodwill, or other intangible losses, any unauthorized access or use of our infrastructure, any errors or omissions in content, or any third-party conduct or content. If liability can't be disclaimed in your jurisdiction, our liability is limited to the maximum amount permitted under applicable law.

14. Indemnification. You agree to defend, indemnify, and hold harmless the developer, including its affiliates, contractors, licensors, and service partners, from and against all claims, damages, liabilities, costs, and expenses including legal fees arising from your use or misuse of the App, violation of these Terms, or infringement of intellectual property or other rights of any third party. This obligation continues even after termination of your access or use of the App.

15. Force Majeure. We're not responsible for any failure to perform due to causes beyond our control, including but not limited to natural disasters, public health emergencies or pandemics, utility failures or infrastructure outages, government restrictions or regulatory changes, or platform service interruptions such as Apple or Google outages.

16. Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary or deemed severed. The remaining Terms will continue in full force and effect.

17. Governing Law, Arbitration & Injunctive Relief. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or your use of the App shall be governed by the laws of Switzerland, excluding its conflict-of-law principles. All disputes shall be resolved by binding arbitration in Zurich, Switzerland, under the Swiss Rules of International Arbitration. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in the competent courts of Zurich, Switzerland.

18. Dispute Resolution. Any disputes, claims, or controversies between you and us will be resolved by binding arbitration in Zurich, Switzerland, under the Swiss Rules of International Arbitration. By using the App, you waive your right to a trial by jury and participation in class actions or representative proceedings. Each party will bear its own legal costs unless the arbitrator rules otherwise. This agreement to arbitrate survives termination of your use of the App.

19. Third-Party Terms of Agreement. When using the LAMDA Application, you must comply with applicable third-party terms of agreement.

20. Third-Party Beneficiary. You and the developer acknowledge and agree that Apple Inc., Google LLC, and their respective subsidiaries are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple Inc. and Google LLC will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as third-party beneficiaries thereof.

21. Consumer protection rights. Nothing in these terms limits any mandatory rights you may have under applicable, consumer protection laws in your your restriction.

22. Changes to These Terms We may update or modify these Terms from time to time. When we make material changes, we'll update the Effective Date above. Continued use of the App after such changes constitutes your acceptance of the revised Terms. We recommend checking these Terms periodically to stay informed.

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