Terms of Use

10 Feb 2025

Introduction

We are NephiCalm (“we,” “us,” or “our”), operate the website nephicalm.app (the “Site”), the mobile application NephiCalm (the “App”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

These Legal Terms form a binding agreement between you (“you”, "user") and us regarding your access to and use of the App and Services. By using the App, you acknowledge and agree that we and authorized resellers may distribute it, subject to the terms outlined herein.

We reserve the right to modify these Legal Terms at our discretion and will update the "Last Updated" date accordingly. Your continued use of the Services after such updates constitutes acceptance of the revised Terms. It is your responsibility to review them periodically.

By using our Services, you confirm that you are at least 18 years old or meet the minimum age required by applicable laws in your country, or that you have verified parental or guardian consent. If we become aware of personal information collected from a minor without proper consent, we will promptly delete it. If you believe a minor's information has been collected, please contact us immediately at support@nephicalm.app.

BY ACCESSING OR USING THE APP AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE LEGAL TERMS. IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, YOU ARE NOT PERMITTED TO USE THE APP AND SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

1. OUR SERVICES

1.1. Description. The App is a carefully designed mobile application that provides a collection of 15 audio stories, each ranging from 7 to 10 minutes in length. Created to foster moments of peace and reflection, these stories are ideal for relaxation, especially before sleep. To enhance the listening experience, users can select from a variety of soothing background sounds. The App is designed specifically for members of The Church of Jesus Christ of Latter-day Saints, offering content that aligns with their faith and values.

IMPORTANT DISCLAIMER: The content provided in the App is for general informational purposes only and is not intended to replace professional advice, counseling, or religious guidance from authorized representatives of The Church of Jesus Christ of Latter-day Saints. The App is independently created and is not affiliated with, endorsed by, or sponsored by the Church. The content does not represent official Church doctrine.

While we make reasonable efforts to provide high-quality content and accurate functionality, we do not warrant or guarantee the accuracy, reliability, or completeness of any images, tools, or guides within the App. Use of the App and its content is at your own discretion and risk.

1.2. License Grant. Upon purchasing the App, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use the App for personal, non-commercial purposes, in accordance with these Legal Terms.

1.2.1. License Restrictions. Unless expressly permitted by applicable law, you may not:

Modify, copy, distribute, sell, sublicense, or otherwise exploit the App or its content for commercial purposes.
Reverse-engineer, decompile, or attempt to extract the source code of the App.
Use the App in any unlawful or unauthorized manner.

1.2.2. We reserve the right to revoke or terminate this license at any time if you violate these Legal Terms. Upon termination, you must cease all use of the App and delete any copies from your devices.

2. INTELLECTUAL PROPERTY RIGHTS

2.1. We own or license all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”) protected by copyright and trademark laws. They are provided "AS IS" for personal, non-commercial use only. Except as stated, all rights are reserved, and no part may be exploited without our written permission. Breach of these rights terminates your use immediately.

2.2. By directly sending us any questions, comments, suggestions, ideas, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. We own and can use Submissions for any lawful purpose without acknowledgment or compensation to you. You're responsible for your Submissions and agree to reimburse us for any losses due to your breach of this section, third-party intellectual property rights, or applicable law.

3. USER REGISTRATION

3.1. Account Registration. When using our App, you are required to create an account by providing accurate, complete, and current personal information. This means ensuring that all details you submit are true and up-to-date. You are fully responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. We expect you to choose a username that is respectful and appropriate. This means avoiding names that: (a) impersonate other individuals or entities; (b) infringe on existing trademarks or rights; and (c) contain offensive, vulgar, or inappropriate content. Any failure to comply with these account registration and usage requirements will be considered a violation of our Legal Terms.

3.2. Account Registration and Apple ID. You may register or log in using your Apple ID. By doing so, you agree that we may receive certain personal information from Apple (e.g., name, email) as per their privacy policies. You are responsible for maintaining your Apple ID's security and all account activity. We are not liable for unauthorized access resulting from your failure to secure credentials. Your Apple ID use is subject to Apple's terms. We reserve the right to suspend or terminate your account for unauthorized use, security breaches, or violations of these Legal Terms.

3.3. Account Responsibilities. Each user must have a unique account, and you are responsible for all activity on your account. You may not share your username, password, or security codes with others. The information provided by the App and Services is not intended for distribution in jurisdictions where such use is illegal or subject to registration requirements. Users accessing the App from other locations do so at their own risk and are responsible for complying with local laws.

4. PROHIBITED ACTIVITIES

4.1. You agree to use the App and Services only as intended, in compliance with laws.

4.2. You are prohibited from engaging in the following activities while using the App and Services and, including but not limited to: (1) decompile, reverse engineer, or attempt to decrypt the App and Services; (2) modify, adapt, or create derivative works from the App; (3) violate laws or regulations in using the App and Services; (4) remove or alter any proprietary notices; (5) use the Services for revenue-generating purposes not intended by us; (6) share the App on networks allowing simultaneous access by multiple users; (7) create competitive products using the App; (8) send automated queries or unsolicited commercial emails through the App; or (9) use our intellectual property without permission, etc.

4.3. Export Control and Compliance with Laws. By using the App, you agree to comply with all applicable export control laws and regulations, including but not limited to those of the United States. You confirm that you are not in or from any country under U.S. embargo or other applicable trade restrictions. You are responsible for ensuring your use of the App complies with all laws in your jurisdiction.

5. THIRD-PARTY WEBSITES, CONTENT, PARTNERS

5.1. The Services may include links to third-party websites and content, which we do not monitor or endorse. We are not responsible for their content, accuracy, policies, or transactions made through them. Use third-party websites and content at your own risk, and review their terms and policies. We are not liable for any harm from your interactions with third-party websites or content.

6. PRIVACY POLICY

6.1. We care about data privacy and security. Please review our Cookie Policy and Privacy Policy (together ‘Policies’). By using the Services, you agree to be bound by our Policies, which are incorporated into these Legal Terms.

7. PURCHASES, PAYMENT AND SUBSCRIPTIONS

7.1. Purchase and Payment. When using our App, you agree to provide and maintain accurate and up-to-date account and payment information. We may adjust subscription pricing and offers at our discretion. By making a purchase, you agree to pay all applicable charges at the current rates and authorize us to charge your chosen payment method.

Note: By accepting these Legal Terms, you authorize us to process payments using your provided payment method for your selected subscription. If the full amount for your selected subscription term cannot be charged, you consent to process a reduced charge corresponding to a shorter subscription term. Your subscription will be activated based on the successfully processed amount, and no subscription will be activated if all payment attempts fail. You acknowledge that partial payments may result in a shorter subscription period than initially selected, and we reserve the right to adjust subscription terms based on the processed payment amount. No additional charges will be initiated without your explicit authorization. Subscriptions automatically renew for the same term unless canceled as specified in our ‘Cancellation’ clause herein. You agree to maintain current and accurate payment information; failure to do so may result in service interruption or termination.

7.2. Billing and Renewal. Your subscription will automatically renew unless canceled. By subscribing, you authorize us to charge your designated payment method on a recurring basis without requiring additional approval for each charge, unless and until you cancel the subscription. The length of your billing cycle is determined by the subscription plan selected at the time of purchase.

The initial subscription payment may be offered at a promotional or discounted rate. Subsequent payments may be charged at higher rates as specified in the subscription plan or updated by us from time to time. Pricing may vary across different subscription tiers or plans. Certain features of the App may also be available for a one-time payment.

We reserve the right to adjust subscription pricing and promotional offers at our discretion. By accepting these terms, you acknowledge and agree that subscription fees may vary after the initial payment, and such adjustments may apply to your subsequent billing cycles.

7.3. Bundle Purchases and Refunds. The App may be offered as part of a Bundle, available as either a one-time purchase or a renewable subscription. If purchased as a one-time bundle, the payment grants access to all included apps for a specified duration, and this purchase will not automatically renew. Refunds for one-time bundle purchases may be requested within 14 days of purchase and will be processed for the entire bundle, not individual apps. If the App Bundle is purchased as a subscription, you agree to automatic renewal at the end of each subscription term unless canceled before renewal. Availability and pricing of Bundles are subject to change without notice. By purchasing an App Bundle that includes this App, you agree to these terms.

7.4. Cancellation. You may cancel your subscription at any time. To avoid being charged for the next billing cycle, you must cancel at least 24 hours before the end of the current subscription period by writing to us at support@nephicalm.app or via your account settings. Your cancellation will take effect at the end of the current paid term. Deleting the app does not cancel your subscriptions.

7.5. Refunds.

We offer a 14-day money-back guarantee on the purchase made through our website or directly from us. If you are not completely satisfied with your purchase, you may request a refund within 14 days of the initial purchase by contacting our customer support team at support@nephicalm.app. In certain situations, we may consider case-by-case partial refunds or prolongation of the subscription period. This will be evaluated based on individual circumstances and at our discretion. We encourage you to contact our customer support team to discuss your specific case.
App Store Purchase and other third parties. Please note that your refund eligibility may differ if the purchase was made through a third party (e.g. App Store, a service provider, a reseller, etc.). For more information and to review your offer terms, please contact your service provider or reseller directly. We cannot provide refunds for purchases made through third-party retailers or resellers. Refer to Request a refund for apps or content that you bought from Apple for Apple App Store purchases.

7.6. IMPORTANT. Any subscription payment dispute, including chargeback, will lead to the permanent termination of a subscription, regardless of the dispute outcome. These subscriptions will not be reinstated under any circumstances.

8. TERM AND TERMINATION

8.1. These Legal Terms remain effective while you use the App and have an active Subscription. You can terminate your account at any time via your account settings or by writing us at support@nephicalm.app.

8.2. We reserve the right, at our sole discretion, to restrict, suspend, or terminate your access to the App and Services at any time, with or without prior notice, and without liability. This may occur for any reason, including but not limited to violations of these Legal Terms or applicable laws. In the event of termination or suspension, your access to the App and any associated content may be discontinued, and your account may be deleted without prior warning. If your account is terminated, you are strictly prohibited from creating a new account under your own name, a third-party name, or any other means to circumvent the restriction.

9. MODIFICATIONS AND INTERRUPTIONS

9.1. We reserve the right to change, modify, or remove the contents of the Services at our discretion without notice. We may also modify or discontinue all or part of the Services without notice. We will not be liable for any such changes or discontinuation. We cannot guarantee the uninterrupted availability of the Services due to potential hardware, software, or maintenance issues. You agree that we are not liable for any inconvenience caused by service interruptions. We are not obligated to maintain, support, or provide updates for the Services.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1. If you are a resident of the European Union or the United Kingdom, these Legal Terms are governed by and construed under the laws of England and Wales, to the exclusion of the conflicts of laws provisions thereof. In the event any disputes, differences, or controversies arise between the Parties in connection with these Legal Terms, both Parties shall thoroughly explore all possibilities for an amicable settlement and attempt informal negotiations for at least 30 business days. In case an amicable settlement cannot be reached, all disputes or controversies arising out of or in connection with these Legal Terms shall be referred to and finally resolved by arbitration in London under the rules of the London Court of International Arbitration (LCIA), which rules are deemed to be incorporated by reference into this clause. The seat, or legal place, of arbitration, shall be London. The language of the arbitration shall be English, and the number of arbitrators shall be one.

10.2. If you are a resident of the United States of America, then the laws of the State of California apply to you. The United Nations Convention on Contracts for the International Sale of Goods and similar laws in other jurisdictions do not apply. To streamline dispute resolution, both parties agree to attempt informal negotiations for at least 30 business days. If negotiations fail, disputes will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator chosen by us and will take place in California or another US location chosen by us. The arbitrator will apply California laws unless otherwise determined by us. The arbitrator's decisions are binding and enforceable in court.

10.3. Additionally, both parties waive their right to participate in class action lawsuits and agree to resolve disputes individually rather than as part of a class action.

11. DISCLAIMER

11.1. The Services are provided "as is" and "as available." Your use of the App and Services is at your own risk. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the content or linked websites or applications. We assume no liability for errors, unauthorized access to secure servers, transmission interruptions, bugs, viruses, or omissions in content. We do not endorse or guarantee third-party products or services advertised through the App and Services. You are responsible for ensuring that your use of the App and Services complies with applicable laws and requirements.

12. LIMITATIONS OF LIABILITY

12.1. To the fullest extent permitted by law, we, along with our directors, employees, contractors, and agents, shall not be liable to you or any third party for any damages arising out of or related to your use of Services. This includes, but is not limited to, lost profits, revenue, data, or other consequential, incidental, or special damages, even if we have been advised of the possibility of such damages. We expressly disclaim any liability for any direct or indirect damages, including but not limited to physical, emotional, or financial harm resulting from your use of the App or Services. Our total liability to you, under any circumstance, will be limited to the lesser of the amount paid by you to us during your subscription term, but no more than $100.

13. INDEMNIFICATION

13.1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, demand, or expenses (including attorneys’ fees and costs) arising from: (1) your misuse of the App and Services; (2) breach of these Legal Terms or any applicable law or regulation; (3) breach of your representations and warranties in these Legal Terms; (4) violation of third-party rights, including intellectual property rights; (5) harmful acts toward other users connected via the App and Services; (6) your negligence or willful misconduct, etc. We reserve the right to assume exclusive defense of any matter requiring indemnification, and you agree to cooperate at your expense. We will make reasonable efforts to notify you of any such claims.

14. MISCELLANEOUS

14.1. These Legal Terms constitute the entire agreement between you and us. Our failure to enforce any provision of these Legal Terms does not waive our rights. These Legal Terms operate to the fullest extent allowed by law. We may assign our rights and obligations to others at any time. We are not liable for events beyond our control. If any provision of these Legal Terms is deemed unlawful or unenforceable, it does not affect the validity of the remaining provisions. These Legal Terms do not create a joint venture, partnership, employment, or agency relationship between you and us.

15. CONTACT US

To receive further information regarding the use of the Services, please contact us at support@nephicalm.app.