Terms of Service

1About these terms#

1.1 These Terms of Service ("Terms") are an agreement between you and Adnap LLC, a Massachusetts limited liability company doing business as ADNAP Industries, which provides DreamGate ("we", "us", "our").

1.2 They apply when you download or use the DreamGate app, or use the website at dreamgate.one. By using either, you agree to these Terms. If you don't agree, please don't use DreamGate.

1.3 Some other documents also apply, and they form part of this agreement:

• the Wellness and Medical Disclaimer, which explains what DreamGate is and isn't for;
• the App Privacy Policy and the Website Privacy Notice, which explain how we handle personal information.

2Definitions#

App

the DreamGate mobile app, including test and preview builds.

Website

dreamgate.one and its pages.

DreamGate

the App and the Website together.

Entries

everything you put into the App: journal entries, dream notes and mind dumps, tasks, sleep and check-in records, safety answers and settings.

Night features

night cues, the night glow, and practices that involve waking during the night, such as Wake Back to Bed.

Backup

an encrypted file of your Entries that you create with the App's export feature.

3Who can use DreamGate#

3.1 DreamGate is for adults. You must be at least 18 years old, and old enough to enter into a binding contract where you live, to use it. By using DreamGate, you confirm that you are.

3.2 Don't use the Night features if the Wellness and Medical Disclaimer says they may not be right for you.

4Not medical advice#

4.1 DreamGate is a general wellness and self-exploration tool. It is not a medical device. It does not diagnose, treat, cure, monitor or prevent any disease or condition, including insomnia, sleep apnoea, sleep paralysis, nightmare disorder, PTSD, epilepsy or any mental health condition.

4.2 Nothing in DreamGate is medical, psychological or professional advice. Always talk to a qualified healthcare professional about your health and sleep. Don't delay or ignore professional advice because of something in DreamGate.

4.3 DreamGate is not for emergencies. If you're in danger or in crisis, call your local emergency number.

5Your Entries and your data#

5.1 Your Entries belong to you. We claim no ownership of them, and these Terms give us no licence to use them. We never receive them: the App stores them encrypted on your phone, and the App has no account and no server of ours to send them to. The App Privacy Policy explains this in full.

5.2 We can't recover your Entries. Because we never hold a copy, we can't restore Entries you delete, or that are lost if your phone is lost, reset or damaged, or if you uninstall the App. Keeping Backups is your responsibility.

5.3 Your Backup passphrase. Backups are encrypted with a passphrase you choose. We never see or store it, and there is no way to reset it. If you forget it, nobody, including us, can open that Backup.

5.4 Where you keep Backups. If you save or share a Backup to another service (for example a cloud drive or email), that service's terms and privacy policy apply to the file. The file stays encrypted.

6Your licence to use DreamGate#

6.1 We give you a personal, non-exclusive, non-transferable, revocable licence to download and use the App on devices you own or control, and to use the Website, for your own non-commercial purposes, under these Terms.

6.2 If you got the App from an app store, that store's rules also apply to how you may use it (for example, Apple's Usage Rules). Section 11 has additional terms for Apple devices.

7Acceptable use#

You agree not to:

• copy, modify, distribute, sell or rent DreamGate, except as these Terms or the law allow;
• reverse engineer, decompile or disassemble the App, except to the extent the law allows this despite this restriction;
• remove or change any copyright, trademark or other notices;
• use DreamGate in a way that breaks the law or infringes anyone's rights;
• use voice capture to record other people without the consent the law requires (the App turns speech into text and doesn't keep recordings, but it does listen while you hold to speak);
• interfere with or disrupt the Website, or try to get around its security.

8Price and purchases#

8.1 The core App is free. We don't currently sell anything in the App.

8.2 If we later offer optional paid features, we'll show their price and terms before you buy. Purchases will be handled by Apple or Google under their terms, including their refund policies.

9Safety features and their limits#

9.1 DreamGate includes safety features: three safety questions, a rest check that keeps night cues off when your recent sleep or check-ins suggest you need rest, volume and duration limits on night sound, and a slow, optional night glow. The Methodology and Sources page explains exactly how they work.

9.2 These features are designed to err on the side of rest, but they can't know everything about you, and they can't remove every risk. You stay in control of, and responsible for, how you use DreamGate. Stop using any feature that makes you feel unwell, anxious or more tired, and seek advice from a healthcare professional.

9.3 Answer the safety questions honestly, and update your answers if your health changes.

10Intellectual property#

10.1 DreamGate, including its software, design, text, sounds, logos and the DreamGate name, is owned by us or our licensors and protected by intellectual property laws. Apart from the licence in section 6, these Terms give you no rights in it.

10.2 DreamGate includes open-source software, used under its own licences. They're listed in Licences and Acknowledgements, and nothing in these Terms limits your rights under those licences.

10.3 If you send us feedback or ideas, we may use them without any obligation to you.

11Additional terms for Apple devices#

If you downloaded the App from Apple's App Store, your licence to use the App on Apple devices is governed by Apple's standard Licensed Application End User License Agreement. These Terms apply alongside it for everything else. If the two conflict about that licence, Apple's standard agreement applies.

12Disclaimers#

12.1 We work hard to make DreamGate reliable, private and safe. But to the maximum extent the law allows, DreamGate is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

12.2 We don't promise that DreamGate will meet your needs, work without interruption or errors, or produce any particular result, such as lucid dreams, better sleep or better recall.

12.3 Some places don't allow certain warranties to be excluded. If you live in one of them, some of these exclusions may not apply to you, and you keep the rights the law gives you.

13Limitation of liability#

13.1 To the maximum extent the law allows, we won't be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, Entries, Backups, profits or goodwill, arising from or related to DreamGate.

13.2 To the maximum extent the law allows, our total liability for all claims related to DreamGate is limited to the greater of the total amount you've paid us for DreamGate over the whole time you've used it, or US$50.

13.3 Nothing in these Terms limits liability that the law doesn't allow to be limited, such as liability for death or personal injury caused by negligence, or for fraud. If you're a consumer in the EU or UK, you keep all the rights you have under the mandatory law where you live.

14Changes to DreamGate and to these Terms#

14.1 We may change, suspend or stop DreamGate, or any part of it, at any time. Because your Entries live on your phone, you can keep using the App's export feature to make a Backup before you stop using it.

14.2 We may update these Terms. Each version has a version number and date at the top, and past versions are listed in section 18. If a change materially affects you, we'll tell you in the App or on the Website at least 30 days before it takes effect. If you keep using DreamGate after a change takes effect, you accept the updated Terms.

15Ending this agreement#

15.1 You can stop using DreamGate at any time by deleting the App. Before you do, make a Backup of anything you want to keep, because deleting the App removes your Entries from your phone.

15.2 We may end your licence if you seriously or repeatedly break these Terms. Sections 4, 5.2, 5.3, 10, 12, 13, 16 and 17 continue after the agreement ends.

16Governing law and disputes#

16.1 These Terms are governed by the laws of the Commonwealth of Massachusetts, USA, without regard to its conflict-of-laws rules [TO CONFIRM: governing law].

16.2 If a dispute arises, please contact us first at legal@dreamgate.one. Most concerns can be resolved quickly that way.

16.3 Any claim that isn't resolved informally will be decided by the state or federal courts located in Massachusetts, and you and we submit to their jurisdiction [TO CONFIRM: venue; whether to use arbitration and a class-action waiver]. If you're a consumer in the EU, the UK or another place whose law gives you the right to bring claims in your home courts, you keep that right, along with the protection of the mandatory consumer laws where you live.

17General#

17.1 These Terms, with the documents in section 1.3, are the whole agreement between you and us about DreamGate.

17.2 If any part of these Terms can't be enforced, the rest stays in effect.

17.3 If we don't enforce a right straight away, we haven't given it up.

17.4 You may not transfer your rights under these Terms. We may transfer ours, for example to a company that takes over DreamGate, if that doesn't reduce your rights.

17.5 Contact. Adnap LLC, doing business as ADNAP Industries, Massachusetts, USA. Email legal@dreamgate.one.

18Version history#