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Effective Date: April 26, 2023

Welcome to “TriFun” (the “App”), the phone app developed by Rapport Tech Ltd, a company that provides a collection of sounds (natural sounds, relaxing music, guided meditation, bedtime stories etc.) that can be mixed together to create relaxing ambiences to assist with relaxation and sleep (the “Service”). Our mission is to empower our users to stress less, achieve more, and have a better sleep and a happier life. Please take a few minutes to read this. It’s a legal document, and there is important information for you in there.
These Terms of Services are between the user of the Services (each, a “user” and collectively, the “users”, also referred to as “you” and “your”) and Rapport Tech Ltd (“Rapport”, “we”, “us”, “our”). 
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. If you do not agree to these Terms, please refrain from using the Products.

I Scope
You acknowledge and agree that these Terms of Service are between you and us, and not with any third party platforms such as Apple, Google or Amazon (the “Mobile Operators”). We are solely responsible for our Apps and the Content (as defined below). However, Mobile Operators may have their own terms and conditions that apply when you use our Apps.
These Terms of Services govern the Services, as well as all content included in or made available through the Services, such as text, graphics, logos, images, audio clips, stories, meditations and digital downloads (the “Content”), as well as Updates (as defined below). For greater clarification, the use of the expression “Services” is intended to include the Content.

II Subscription Fees and Payment. 
We have offered or will offer several types of subscriptions for our Services, including a free trial subscription, a weekly subscription, a monthly subscription, an annual subscription, a coin-based paying system, and an unlimited access subscription. By selecting one of these subscriptions, you agree to pay in advance the applicable subscription fee, if any, as posted in the App, plus any applicable taxes and other fees that may accrue in relation to your use of the Services. All fees are non-refundable and non-transferable unless otherwise provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

  1. Free Trials. We offer a free trial during which you may use the Services without payment for the period of time specified in the App or on the Site at the time that you create your Account. Free trial subscriptions are only available to new users when they create an Account. Unless you cancel your free subscription prior to the end of your trial we (or our third party payment processor) will begin charging you the applicable weekly, monthly, or annual subscription fee until you cancel your subscription or on the applicable one-time fee for an unlimited access subscription. You will not receive a notice from us that your free trial has ended or that your subscription has begun. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.
  2. General. Whether you are purchasing a one-time gift subscription for another person or a subscription for yourself (each, a "Transaction"), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
  3. Advance Payment of Subscription Fees. If you purchase a subscription, the subscription fee (plus any applicable taxes and other charges) will be charged to you at the beginning of the paying portion of your subscription. Weekly, monthly, and annual subscriptions will be charged to you at the beginning of your subscription and each week, month or year (as applicable) thereafter at the then-current rate. Unlimited access subscriptions, if available, will be charged in one advance payment at the beginning of your subscription at the then-current rate; such subscriptions will give you access to the Services without further payment for as long as we provide the Services. For weekly, monthly and annual subscriptions, you will be automatically charged each week, month or year, as applicable, on the calendar day corresponding to the date of commencement of your subscription. If your monthly subscription began on a day not contained in a given month, we may charge you on such other day in the applicable month as we deem appropriate. For example, if your subscription started on January 31st, your next payment date is likely to be February 28th and you will be billed on that date. Weekly, monthly and annual subscription fees auto-renew as set forth below.
  4. Recurring Payment. By entering into these Terms and electing a weekly, monthly, or annual subscription, you acknowledge that your subscription has a recurring payment feature and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription by you or TriFun. Your weekly, monthly, annual, or unlimited access subscription continues until cancelled by you or we terminate access to or use of the Services in accordance with these Terms.
  5. Gifts. If you choose to gift a subscription to another person, you agree to pay the applicable fee as a one-time, non-refundable, advance payment at the then-current rate specified on the Site or in the App.
  6. Cancellation of Subscription. You may cancel your subscription at any time. All payments are non-refundable and non-transferable. You will not receive a refund of any portion of the subscription fee paid for the then-current subscription period at the time of cancellation. If you cancel, you can continue to enjoy your subscription through the end of your current week, month, or year, as applicable to your subscription. If you signed up for your subscription via the Site or Google, you can cancel by emailing us at sleepbetterapp@outlook.com. You can also cancel through your app store operator. For example, if you have an iPhone, go to Settings, tap App and iTunes Stores, tap your Apple ID, tap View Apple ID, sign in if requested, then tap Manage under Subscriptions. Please follow the instructions, if any, that we provide to you in response to your cancellation request. Google subscriptions can be managed in the Google Play Store; search for TriFun and select "Manage Subscriptions".
  7. Termination of Subscriptions. We may terminate access to or use of the Services, at our sole discretion, at any time and without prior notice. All fees are non-refundable. For weekly, monthly, coins and annual subscriptions, if we terminate your subscription, you may continue to use the Services for the remainder of your current subscription period, after such time the paid subscription Services will not be available to you. For unlimited access subscriptions, your access to the Services will only be cancelled if you violate these Terms or we discontinue offering the Services. If TriFun or its assets are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale, or if we go out of business or enter bankruptcy, we may discontinue offering the Services and will not be required to provide any refunds for unlimited access subscriptions.
  8. Subscription Price Changes. The price of subscriptions is subject to change at any time without notice. We reserve the right at any time to correct any inadvertent pricing errors, to change or revoke any limited-time offer, and to correct any errors, inaccuracies, or omissions on the Site or in the App, including after you have been charged your subscription fee. If we change the price of your monthly or annual subscription, you have the option to cancel at any time before the new price is applied. Please see above for further information about cancellation.

III Updates, New Releases and Upgrade
Any updates, new releases or upgrades (together, “Updates”) are subject to these Terms of Services. Updates are provided when available, at our sole discretion, and may include bug fixes, security updates, new features and enhancements to existing features. Updates do not include new applications, new third-party tools and/or new functionalities, to the extent that these are subject to additional fees, as determined by us. 
Once an Update is released, it is your responsibility to update your Apps diligently. We may not support previous versions of our Services, and we have no liability or responsibility for supporting and maintaining them, including for security patches. It’s important to update your Apps to ensure that you are using a secured version of our Apps.

 

IV Copyright
The Application and all related trademarks, logos, software and other intellectual property rights are and shall remain our exclusive property. Your right to use the Application and its content is personal, non-exclusive, non-sublicensable and non-transferable. Any copying, republication or redistribution of the Application or any of its content is strictly prohibited.

V Disclaimer
1. No Medical Advice; For Informational Purpose Only
The Services are for informational purposes only, are not for advice and should not be treated as such, and the information without the Services is provided without any representations or warranties, express or implied, and without limiting the generality of the foregoing, we do not warrant or represent that the Content will be constantly available, or available at all, true, accurate, complete, current or non-misleading.
You must not rely on any information provided as part of the Services as an alternative to medical advice from your doctor or other healthcare professional. If you have any specific questions about any medical matter, you should consult your doctor or other healthcare professional provided. If you think you may be suffering from any medical condition, you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of any information provided as part of our Services, the Service or the Content.
Our Services are intended for your well-being, but neither the Services nor the Content should ever be interpreted as medical advice, diagnoses, or treatment, and should not be relied on as an alternative to any advice given by a qualified healthcare professional.

2. Use of the Services 
If you experience any discomfort when using our Services, cease the use of the Services immediately. The Content includes the possibility for users to integrate brainwaves and autonomous sensory meridian response (“ASMR”) as part of the music and sounds they can create in the Services. Such functionalities may not be adapted to some individuals, such as individuals with epilepsy or post-traumatic stress disorder. Please consult a doctor if you have any medical conditions prior for using these functionalities, and if you experience any discomfort while using these functionalities. Subject to applicable laws, we assume no liability if you decide to use these functions, they are provided at your own risks. 

3. Warranties
Although we will do our best to provide constant, uninterrupted access to the Services, we do not guarantee this. We accept no responsibility or liability for any interruption, suspension, unavailability or delays in the access or use of the Services.
Except as set forth in these Terms of Services and subject to applicable laws, we make no representations or warranties of any kind, whether express or implied, to you relating to the Services or the Content, which are provided to you on an ‘as is’, ‘as where’ and ‘as available’ basis, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non-infringement of third-party rights. No oral or written information or advice given by Rapport or its authorized representative shall create a warranty. 
In the event that our App fail to conform with applicable warranties, you may notify your Mobile Operator and they may refund the purchase price for the App based on their own policies. To the maximum extent permitted by applicable law, Mobile Operators will have no other warranty obligations whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
We are solely responsible for addressing any of your claims relating to our App, including, but not limited to, claims arising under consumer protection, privacy or similar legislation, including in connection with our App’s use of the Healthkit framework. Mobile Operators have no such responsibility.

VI Limitation of Liability
Subject to applicable laws, in no event will you or us have any liability to the other for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused, whether in contract, tort or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages. 
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the Services or with these Terms of Services, your sole and exclusive remedy is to discontinue use of the Services, except as otherwise set forth in these Terms of Services.

VII Indemnification 
You agree to defend, indemnify, and hold Rapport and its representatives harmless from and against any third party claims, demand, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney’s fees, arising out of or in any way connected with your material breach of these Terms of Services. We reserve our exclusive right, at your expense, to conduct the defense of any such claims and assume control of any matter, subject to indemnification by you, in which event you shall cooperate with us in asserting any and all available defenses.

VIII Changes to the Service
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue the Services or a portion thereof. 
We can change the Content that we make available as part of the Services at any time without notice or liability, and for any reason whatsoever.
We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice, but confirm that we have no duty to do so. We determine the content of the Services at our sole discretion. 
We will make commercially reasonable efforts to notify Users of discontinuation of the Services in advance. We disclaim any liability for any inconvenience.

IX Feedback
We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at sleepbetterapp@outlook.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.