Terms of Use

Last Updated: August 8, 2023

These Terms of Use (the 'Terms') apply to the use of our website(s), mobile application(s), software downloaded and installed on a mobile device, related social media, and/or other services provided, including email messages, that we may send to you (collectively, the 'Site'). The Terms are made by and between DreamApp Ltd, a UK limited company, number 12692529, and an address at 190 Carrara Tower 250 City Road, London, England, EC1V 2PU, and/or its owners, agents, employees, representatives, or affiliates and assigns ('DreamApp' 'us' or 'our' or 'we') and persons using or accessing the Site or Services ('User' or 'you'). These Terms govern User's use of the Site and any services provided, including Subscription (as defined below) to You by DreamApp (collectively, the 'Service(s)').

PLEASE READ THESE TERMS CAREFULLY. THE USE OF THE SITE AND SERVICE, IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS WITHOUT MODIFICATION. BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE SITE TERMS, DO NOT USE THIS THE SITE. YOU MAY USE THE SITE AND SERVICES ONLY IF YOU HAVE REACHED THE AGE OF MAJORITY OR LEGAL AGE IN YOUR JURISDICTION (18 OR OLDER) AND CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. By using the Service or (where applicable) or by clicking 'get started' to download the Service, you are agreeing to these Terms, which form a binding agreement between you and us. If you do not agree to these Terms, please do not install or use the Service.

PLEASE NOTE THAT THE SERVICE INCLUDES A SUBSCRIPTION THAT AUTOMATICALLY RENEWS, please read the 'Subscription term and fees' AND THE 'how to cancel your subscription' sections of these terms carefully.

Changes to Terms

We reserve the right to amend or modify these Terms, from time to time, to ensure that we remain compliant with applicable laws and regulations and/or to reflect any changes we make to the Site, the Service, or our business practices. Any changes we make to these Terms will be posted on the Site, so we recommend that you check back frequently to see any updates or changes made to these Terms. Your continued use of the Service after any amendments or modifications, will be considered acceptance of those amendments or modifications and will constitute your agreement to be bound by them, unless such changes are significantly material, in which case we will give you advance notice which may be via an in-Service notification or by contacting you directly via the email address you supply to us when you register with us. If you do not agree to any revised Terms, please see below for information on how to cancel your Subscription.

Grants of Rights; Restrictions

Subject to your compliance with the Terms, you are granted a nonexclusive, nontransferable, limited right to access and use of the Site or Service made available to you, including the access, download and install the most current generally available version of the Service on a single, authorised mobile device that you own or control solely for your lawful, personal, and non-commercial use. The rights and restrictions granted to you are as follows: (i) You shall not use the Site or Service for any purpose other than the purpose authorised under these Terms; (ii) You shall not knowingly allow others to: (a) copy, reproduce, modify, decompile, disassemble, or reverse engineer the Service or any associated software or materials (except to the extent that applicable law prohibits or restricts reverse engineering restrictions); (b) provide any third parties with access to any of the Service, or use any of the Services for time sharing or similar purposes for the benefit of any third party; (c) remove any copyright or proprietary notices contained in the Service or any output thereof; (d) breach, disable or tamper with, or develop or use (or attempt) any workaround for, any security measure provided or used by the Service; (e) access the Service via any bot, web crawler or non-human user; (f) access or use (or permit a third party to access or use) the Service for any unlawful purpose or for any other benchmarking or competitive purposes; (g) attempt to circumvent authentication or security of any host, network or account or use or knowingly permit others to use any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of Service, except as expressly permitted hereunder; (h) collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; or (i) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service; (iii) The Site is protected by intellectual property laws, and other laws that prevent unauthorized access and use. You may not use the Site or Service in any fashion that infringes the intellectual property rights or proprietary interests of any party; (iv) You are solely liable for your conduct and for any information, content, materials or messages that you upload, submit, post or transmit via the Site (collectively the 'User Content'). You may not provide false or misleading information to the Site or submit information under false pretenses. Without limiting anything else in these Terms, we may immediately, to the extent applicable, terminate your access to the Site if you violate any of the foregoing, or if you provide false or misleading information or submit information under false pretenses.

Ownership

The Service and all software, data and technologies embodied in or used to provide the Service, and all intellectual property rights therein or relating thereto, are and shall remain the exclusive property of DreamApp. All trademarks or other intellectual property not owned by us are proprietary information of its respective owners who may or may not be affiliated in with us. Any republication or redistribution of such content is expressly prohibited without the prior consent of relevant right holders.

Feedback

‍Any submissions provided to us (e.g., comments, questions, suggestions, materials collectively, 'Feedback') through any communication whatsoever (e.g., email, chat) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Your Responsibilities

You may use some of the Service only if you are 18 years or older, however if you wish to register an account or enter into a Subscription, and you are younger than 18, please ask permission from your parent or guardian before signing up for said Service.

You represent and warrant that the Site and Service will be used only: (a) by you, (b) in the manner for which it was intended, (c) in accordance with all applicable instructions provided by us, and (d) in compliance with all applicable laws and regulations. You may not create an account with us using an assumed name or someone else's identity. You will be responsible for all activities which occur under your account on the Service, and it is your responsibility to keep your account information safe and secure.

Privacy

We believe strongly in protecting your personal information, and in making sure you know how that information will be used. To use our Service, we will ask you to provide us with certain registration information about you, including without limitation, such as your name, gender, relationship status, goals of using of application, dream experience, email (optional), social profile URL (optional). Any information collected will be safeguarded and used in accordance with our Privacy Notice.

Our Rights and Responsibilities

We own and operate the Service. We will provide the Service using reasonable skill and care. We will use reasonable endeavors to keep the technology powering the Service operational, but we cannot guarantee that the Service will be available on an uninterrupted basis.

Your access to the Service may be disrupted to allow for appropriate maintenance, repairs, upgrades and the introduction of new functionality and at times unscheduled downtime may be necessary including for security purposes. Further, due to the inherent nature of the Internet and mobile phone signal, errors, interruptions and delays may occur in the Service from time to time. We will use reasonable endeavors to try to limit the frequency and duration of downtime, to the extent within our control. We cannot guarantee that the Service will be error, bug or virus-free. As with all software, we recommend that you run a virus checker before use. We also recommend that you have an up-to-date backup of your device before using the Service and that you consult your network administrator before installing the Service on a networked device.

We may add or remove features from the Service from time to time. We do not make any guarantees that the content or related information provided on the Service is accurate or complete. The Service is for entertainment purposes only and the information provided on it should not be relied upon.

Third Party Services

We may make available in the Site information about, links, or referrals to third-party products or services, including without limitation App Store (as defined below). Your business dealings or correspondence with, or participation in promotions of, such third parties, and any policies, terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Those terms will form an agreement between you and the third party and are in addition to the agreement between you and us set out in these Terms. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any third-party products or services, and you use such third-party products and services at your own risk. You should investigate and use your independent judgment regarding the merits, quality and reputation of any individual, entity through whom you obtained and/or accessed through the Site or in relation to these Terms. It should also be noted that we do not make any assurance as to the timeliness or accuracy of information provided by any third-party service provider.

Subscription Term and Fees

Access to certain features of our Service is subject to you activating a subscription to the Service ('Subscription').

All Subscription fees payments and cancellations (and any other payments associated with the Service) are handled by the third-party app store from which the Service can be downloaded, such as Apple or Google (each an 'App Store'). We do not process any payments from you or make any refunds to you directly. Payments made to the App Store will be subject to the App Store's own terms and conditions ('App Store Terms'). We encourage you to carefully review the applicable App Store Terms and conditions and privacy notices before you use those sites to download and install the Service or purchase any Subscriptions. We accept no responsibility for the App Store's sites, apps, services, practices or privacy policies.

Subscription will remain in effect throughout the subscription term specified in the App Store (weekly, monthly or yearly), unless terminated as set forth in the App Store Terms. Except as otherwise specified within the App Store, Subscription will automatically renew for successive applicable periods (each, a 'Renewal'), unless you provide notice of non-renewal to the App Store, subject to the App Store Terms, prior to the end of the then current Subscription term.

Any free trial to the Service is offered at our discretion and we may withdraw this offer at any time. A free trial to the Service will automatically renew as a paid subscription unless auto-renew is turned off at least twenty-four (24) hours before the end of the free trial period. Please refer to your App Store Terms for information on how to do this.

We (or the App Store) may immediately suspend your access to the Service if your Subscription is not paid by you until such time as the full amount has been paid. If any amount remains unpaid following our notice to you, we may end your rights under these Terms (see further information in the 'Right to Suspend Access to Service' section below).

Subscription fees are subject to change, at our discretion, we and/or the App Store, will let you know in advance. Any increase in the Subscription fees will not apply to the current Subscription period. If you do not agree to a Subscription fee increase, remember that you can always cancel your Subscription before your next Subscription period starts – see the 'How to Cancel your Subscription' section below. If you do not cancel your Subscription after receiving notice of a change in Subscription fee, you will be obliged to pay the new Subscription fee from the date on which the next Subscription period commences.

DMC Notice

This Site may be considered an Internet 'service provider' under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the 'DMCA'). If you believe that any information or material available in the Site infringes upon any copyright, please immediately notify us ('DMCA Notification'), and as required by the DMCA, this Site maintains specific contact information for that purpose; therefore, all notices should be addresses to:

Notification of Claimed Infringement:

DreamApp Ltd.

190 Carrara Tower 250 City Road

London, England EC1V 2PU

support@dreamapp.io

In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf; (vii) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the U.S., for any judicial district in which we are located; and (viii) a statement that you will accept service of process from the party that filed the DMCA Notification or the party's agent. Failure to include all of the above-listed information may result in the delay of the processing of your complaint. If the posted material is believed in good faith by us to violate any applicable law, we will remove any such material or information, and we will notify the posting party that the material has been removed.

How to Cancel your Subscription

If you would like to cancel your Subscription to the Service, you will need to do this through your App Store account settings. Further instructions on how to do this can be found via your App Store.

If you cancel your Subscription, the cancellation will take effect at the end of your then-current paid Subscription period. You will continue to be able to access the Service up until that point.

Please note that we do not provide credit, refunds or prorated billing for Subscriptions that are cancelled. All refunds will be handled in accordance with your App Store Terms. You can find further information on cancelling orders and any associated refunds on the website of the App Store from whom you purchased the Subscription. Please make sure you familiarise yourself with your App Store's policy on refunds before you Subscribe.

Be aware that European Union residents may have additional cancellation rights. Please refer to your App Store Terms for further information on this, and the circumstances where this may or may not apply.

For additional information, please visit Apple Support or Google Support or any other App Store support pages, depending on where you have purchased your Subscription. PLEASE NOTE THAT Deleting the MOBILE APPLICATION does not cancel your subscriptions and trials.

Right to Suspend Access to Service

We may temporarily suspend or terminate your account or access to the Service if we have reason to suspect that you have breached any of these Terms.

If we suspend your account: (i) we will use reasonable endeavors to notify you; (iii) you will not be able to access your account during the period of suspension, while we investigate the circumstances; and (iii) depending on the outcome of our investigation, you may be permanently excluded from the Service. We will use reasonable endeavors to notify you if this happens.

We can terminate your rights to use the Site or Service immediately at any time and without refunding any payments made by you if you are in serious breach of these Terms.

We can also terminate your rights to use the Site or Service immediately at any time, giving you as much notice as possible, if we're forced to do so for technical or operational reasons beyond our control. If we end your access in these circumstances, we will use reasonable endeavors to work with your App Store to facilitate a refund of the proportion of your Subscription fee relating to the period you've paid for but for which you have not received access to the Service.

If we end your rights under these Terms, you must immediately stop all activities authorised by these Terms, including your access to the Services.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SITE OR SERVICE, OR THE FAILURE OF ANY PARTY TO PERFORM ITS OBLIGATIONS. THE SITE AND THE SITE ITEMS (INCLUDING ALL THIRD-PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES AND PRODUCTS PROVIDED ON OR THROUGH THE SITES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICE AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, THE SERVICES, LINKS, INFORMATION, AND SERVICES AVAILABLE ON OR THROUGH ON THE SITE. OUR LIABILITY ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR SERVICES SHALL NOT EXCEED THE TOTAL OF THE FEES PAID BY YOU.

Indemnification

You will defend us against any claims arising of your use of the Site or Service in violation of these Terms and will indemnify and hold us harmless against damages awarded by a court or settlements agreed by Use in connection with such claims.

Force Majeure

Neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control, if the affected party makes reasonable efforts to perform; provided, however, that this provision does not relieve either party of its obligation to make payments then owing.

Relationship

Nothing in these Terms will create any relationship of partnership, agency or employment between us.

Help Desk

Should you require any help using the Service, please contact us by email support@dreamapp.io.

Governing Law

These Terms will be governed by the laws of England and Wales; any action based on or alleging a breach of these Terms must be brought in the Courts of England and Wales, and the parties hereby consent to the exclusive jurisdiction of such courts.

General Terms

You may not transfer your rights and obligations under these Terms for any reason. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.

Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.

If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.

Entire Agreement

These Terms constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations on that subject matter.

CONTACT US

DreamApp Ltd.

190 Carrara Tower 250 City Road

London, England EC1V 2PU

support@dreamapp.io

If you are in the European Union, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform via https://webgate.ec.europa.eu/odr/main/. If this platform is no longer available for use due to the United Kingdom's departure from the European Union, we will cooperate with other forms of reasonable dispute resolution.

© 2024 DreamApp Ltd