Terms of Service for RhythmAfterNight
Last Update: January 14, 2023
Welcome to RhythmAfterNight (“App”). The following terms of service (“Terms”) govern your use of the App and any services provided through the App (“Services”). By using the App or Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App or Services.
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 these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the App and Services 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 our App or Services, except as follows:
Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the App or Services 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 and Services - excluding the YouTube videos, YouTube player and social media trademarks & icons - 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 or Services 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 these Terms 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.
Links to Other Websites
The App or Services may contain links to third-party websites, such as YouTube, Facebook, Twitter, Instagram, TikTok, and Reddit. These links are provided for your convenience, and we are not responsible for the content or privacy practices of these websites. We encourage you to review the privacy policies of these websites to understand their data collection and use practices.
Disclaimer of Warranties
The App and Services are provided on an “as is” and “as available” basis. We do not warrant that the App or Services 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 or Services.
Disclaimer 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.
Resolution of Disputes
If a dispute arises out of or in connection with these Terms or the App or Services, you agree to first try to resolve the dispute informally by contacting us at RhythmAfterNight.kickstarter@gmail.com. If we cannot resolve the dispute informally, the dispute will be resolved through binding arbitration in accordance with the ICC Arbitration Rules. Every arbitrator must be and remain impartial and independent of the parties involved in the arbitration. The arbitration will be conducted in Germany.
Governing Law
These Terms and your use of the App and Services 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.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Entire Agreement
These Terms constitute the entire agreement between you and us regarding the use of the App and Services. If any provision of these Terms 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.
Indemnification
You agree to indemnify and hold us and our affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the App or Services, your violation of these Terms, or your violation of any rights of another.
Severability
If any provision of these Terms 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 terms of service, please contact us at RhythmAfterNight.kickstarter@gmail.com.