End-User License Agreement for RhythmAfterNight

Last Update: January 14, 2023

This end-user license agreement (“EULA”) is a legal agreement between you (“you” or “End User”) and RhythmAfterNight (“us” or “Licensor”) for the RhythmAfterNight mobile application (“App”). By installing or using the App, you agree to be bound by the terms and conditions of this EULA. If you do not agree to the terms and conditions of this EULA, do not install or use the App.

   Limitations on Use

Decompile, reverse engineer, disassemble, or attempt to derive the source code of the App.
Remove, alter, or obscure any copyright or other proprietary notice from the App.
Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any part of the App, except as follows:
Your mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

   License

Subject to the terms and conditions of this EULA, we grant you a limited, non-exclusive, non-transferable, and revocable license to install and use the App on a single mobile device that you own or control for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the App, except as follows:

   Your mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
   You may print or download one copy of a reasonable number of pages of the App for your own personal, non-commercial use, provided that you agree not to change or delete any copyright or proprietary notices from the materials.

   In-App Purchases

The App may offer the opportunity to purchase virtual goods or services (“In-App Purchases”) through the App. In-App Purchases are not refundable, and all sales are final. We reserve the right to change the price of In-App Purchases at any time, and to offer promotions or discounts on In-App Purchases.

   Intellectual Property

The App, including all content, graphics, user interface, and design, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use any content, graphics, user interface, or design from the App for any commercial purposes without the express written consent of the owner.

   YouTube Videos

The App includes embedded YouTube videos provided by Google LLC. When you watch a YouTube video through the App, Google may collect and process personal data, such as your IP address, device information, and viewing history. This data collection and processing is governed by Google’s privacy policy, which can be found at https://policies.google.com/privacy. We are not responsible for the collection or processing of personal data by Google through the use of YouTube videos in the App. By using this App you agree to YouTube's Terms of Service: https://www.youtube.com/static?template=terms.

   Data Protection

We are committed to protecting the privacy of our users and their personal data. We will collect, use, and process personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable EU data protection laws.

   We will only collect, use, and process personal data for the purposes outlined in this EULA and in our privacy policy, which can be found at https://rhythmafternight.wixsite.com/kickstarter.

   We will take appropriate technical and organizational measures to protect personal data from unauthorized access, use, alteration, or destruction.
   Users have the right to access, rectify, erase, restrict, and object to the processing of their personal data. Users also have the right to withdraw their consent at any time.
   If you have any questions about our data protection practices, please contact us at RhythmAfterNight.kickstarter@gmail.com.

   Termination

We reserve the right to terminate this EULA at any time, for any reason, without notice to you. Upon termination of this EULA, you must uninstall and destroy all copies of the App in your possession.

   Disclaimer of Warranties

The App is provided on an “as is” and “as available” basis. We do not warrant that the App will be uninterrupted or error-free. We will not be liable for any interruptions or errors, or for any loss or damage of any kind arising from or in connection with the use of the App.

   Limitation of Liability

The use of the App and Services is at your own risk. We are not responsible for any oversleeping or other issues that may arise from the use of the App or Services. We will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of the App or Services. This includes for example health issues. This App connects your device to Wi-Fi (WLAN) and/or might turn on mobile data when the alarm goes off. On newer devices, this might not happen automatically when airplane-mode is enabled. When it loads a YouTube video the device uses internet data. We aren't reliable for any directly or indirectly resulting costs or other damages. You are advised to not use this prototype as your primary alarm clock because it has bugs (“Errors”)/ is unstable/ unreliable on most devices and eventually, you will oversleep or you won't get notified.

   Governing Law

This EULA and your use of the App will be governed by and construed in accordance with the laws of the European Union without giving effect to any principles of conflicts of law.

   Entire Agreement

This EULA constitutes the entire agreement between you and us regarding the use of the App. If any provision of this EULA is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

   Severability

If any provision of this EULA is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

   Contact Us

If you have any questions about this EULA, please contact us at RhythmAfterNight.kickstarter@gmail.com. We will come back to you as soon as possible.