Terms of Service for DriftMind

1. Acceptance of Terms

Welcome to DriftMind. These Terms of Service ("Terms") govern your access to and use of the DriftMind mobile application ("App," "Service," "we," "us," or "our"), created by Joel Thielke and operated by Hypnosis and Subliminal LLC. By downloading, installing, accessing, or using DriftMind, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.

We reserve the right to modify these Terms at any time. Changes will be posted within the App with an updated "Last Updated" date. Your continued use of DriftMind after changes constitutes acceptance of the modified Terms.

2. Description of Service

DriftMind is a meditation and mindfulness mobile application that provides:

• Guided meditation sessions
• Affirmation audio content
• Sleep stories for relaxation
• Mood tracking and journaling features
• Progress tracking with gamification (XP, levels, achievements, streaks)
• Ambient soundscapes
• Custom playlist creation
• Personalized wellness content

Important: DriftMind is designed for general wellness, relaxation, and mindfulness purposes only.

3. Medical Disclaimer

3.1 Not Medical Advice

DRIFTMIND IS NOT A MEDICAL APP AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

• The content provided through DriftMind is for informational and relaxation purposes only
• DriftMind is not intended to diagnose, treat, cure, or prevent any disease, medical condition, or mental health disorder
• The App is not a substitute for professional medical or mental health care
• We are not healthcare providers and do not offer therapy, counseling, or clinical services

3.2 Consult Healthcare Professionals

• Always seek advice from qualified healthcare professionals regarding any medical condition or mental health concern
• Do not disregard professional medical advice or delay seeking it because of content in DriftMind
• If you are experiencing a medical emergency or mental health crisis, immediately contact emergency services (911 in the US) or a crisis hotline

3.3 No Therapeutic Relationship

Use of DriftMind does not create a doctor-patient, therapist-client, or any other professional healthcare relationship.

3.4 Specific Health Conditions

If you have any of the following conditions, consult your healthcare provider before using DriftMind:

• Epilepsy or seizure disorders (due to visual animations and binaural beats)
• Severe mental health conditions (PTSD, schizophrenia, bipolar disorder, etc.)
• Heart conditions or cardiac issues
• Hearing problems or sensitivity to sound
• Any condition that may be affected by meditation or relaxation practices

4. User Eligibility

4.1 Age Requirements

• DriftMind is intended for users aged 4 and older
• Users under 18 must have parental or guardian consent to use the App
• Parents and guardians are responsible for monitoring children's use of the App

4.2 Account Responsibility

• You are responsible for maintaining the security of your device
• You are responsible for all activities that occur through your use of the App
• Notify us immediately of any unauthorized use

5. User Conduct and Prohibited Activities

You agree NOT to:

5.1 Technical Restrictions

• Reverse engineer, decompile, or disassemble the App
• Modify, adapt, or create derivative works of the App
• Circumvent any security features or access restrictions
• Use automated systems (bots, scrapers) to access the App
• Interfere with or disrupt the App's functionality

5.2 Content Restrictions

• Copy, distribute, or reproduce any audio content from the App
• Download or extract audio files for use outside the App (except through authorized download features if available)
• Share your access credentials with others
• Use the App for any commercial purpose without authorization

5.3 Harmful Activities

• Use the App in any way that could harm, disable, overburden, or impair our services
• Attempt to gain unauthorized access to any part of the App or related systems
• Upload viruses or malicious code

Violation of these Terms may result in termination of your access to DriftMind.

6. Intellectual Property Rights

6.1 Our Ownership

All content in DriftMind is owned by or licensed to DriftMind and is protected by copyright, trademark, and other intellectual property laws:

• App design, interface, and code
• All audio content (meditations, affirmations, sleep stories, ambient sounds)
• Graphics, logos, icons, and imagery
• Text content and copy
• Features and functionality

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install DriftMind on your personal device
• Use the App for your personal, non-commercial use
• Access and listen to audio content within the App

You do NOT have the right to:

• Redistribute, sell, or license any part of the App or its content
• Use our content in other apps, websites, or projects
• Create derivative works based on our content
• Remove or alter any copyright, trademark, or proprietary notices

6.3 User Content

Any feedback, suggestions, or ideas you provide to us regarding DriftMind become our property, and we may use them without compensation or attribution to you.

7. Disclaimer of Warranties

DRIFTMIND IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

7.1 No Guarantees

We do not warrant or guarantee that:

• The App will be uninterrupted, secure, or error-free
• Audio content will always be available or stream without issues
• Results from using the App will meet your expectations
• Any errors or defects will be corrected
• The App will be compatible with all devices or operating systems

7.2 Individual Results Vary

• Results from meditation and mindfulness practices vary by individual
• We do not guarantee specific outcomes (e.g., stress reduction, better sleep, improved focus)
• Your experience may differ from testimonials or descriptions

7.3 Third-Party Services

We rely on third-party services (Firebase, Expo) for functionality. We are not responsible for:

• Third-party service outages or interruptions
• Changes to third-party terms or pricing
• Data handling by third-party services (subject to their privacy policies)

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

8.1 No Liability

DriftMind and its developers, officers, employees, and affiliates shall NOT be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from:
  • Your use or inability to use the App
  • Unauthorized access to your device or data
  • Bugs, viruses, or technical issues
  • Audio streaming interruptions
  • Loss of progress or data
  • Third-party content or services
  • Any conduct of other users

8.2 Maximum Liability

If we are found liable for any damages despite the above limitations, our total liability shall not exceed the amount you paid to use DriftMind in the past 12 months (or $100 USD if the App is free).

8.3 Jurisdictional Limitations

Some jurisdictions do not allow limitations on warranties or liability, so these limitations may not apply to you. You may have additional rights depending on your location.

9. Indemnification

You agree to defend, indemnify, and hold harmless DriftMind and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your violation of any applicable laws or regulations

10. Data and Privacy

10.1 Privacy Policy

Your use of DriftMind is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

10.2 Data Storage

• All personal data is currently stored locally on your device
• Firebase Storage is used only for audio content hosting
• You are responsible for backing up your device if you wish to preserve your data

10.3 Data Loss

We are not responsible for loss of data due to:

• Device loss, damage, or failure
• App uninstallation or reinstallation
• Operating system updates or device resets
• User error (e.g., accidentally resetting progress)

11. Subscription and Payments

11.1 Current Free Access

DriftMind is currently provided free of charge. If we introduce paid features or subscriptions in the future:

• We will notify users before implementing charges
• Pricing and terms will be clearly disclosed
• You may choose whether to subscribe
• Free features may be limited or modified

12. Termination

12.1 Termination by You

You may stop using DriftMind at any time by:

• Uninstalling the App from your device
• Deleting your data via the "Reset All Data" feature

12.2 Termination by Us

We reserve the right to:

• Suspend or terminate your access to DriftMind at any time, with or without notice
• Discontinue the App entirely
• Modify or remove features

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the United States and the State of Washington, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms or your use of DriftMind shall be resolved through:

1. Informal Resolution: Contact us first to attempt to resolve the issue
2. Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration
3. No Class Actions: You agree to resolve disputes individually, not as part of a class action

14. Contact Information

If you have questions about these Terms of Service, please contact us: