End User License Agreement

This End User License Agreement (“EULA”) is a legal agreement between you and REVSTREAM LLC (“we”, “us”) for the Binaural Waves application and its content (the “Licensed Application”). By downloading or using the Licensed Application, you agree to this EULA. This EULA is concluded between you and REVSTREAM LLC only, and not with Apple Inc. or Google LLC. REVSTREAM LLC is solely responsible for the Licensed Application and its content.

1. Scope of license

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Licensed Application on any device that you own or control, as permitted by the Usage Rules of the applicable app store (the Apple Media Services Terms and Conditions, or the Google Play Terms of Service). The license does not allow you to use the Licensed Application on a device you do not own or control, and you may not distribute or make it available over a network where it could be used by multiple devices at once.

2. Restrictions

You may not copy (except as permitted by this license), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application. You may not rent, lease, lend, sell, redistribute, or sublicense it, or extract, re-record or redistribute its audio content.

3. Maintenance and support

REVSTREAM LLC is solely responsible for providing any maintenance and support for the Licensed Application, as required under applicable law. Apple and Google have no obligation to provide any maintenance or support services for the Licensed Application. For support, contact ceo@revstre.am.

4. Warranty

REVSTREAM LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Licensed Application is otherwise provided “as is”. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple (for App Store purchases), and Apple will refund the purchase price of the Licensed Application to you, if applicable; to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever. For Google Play purchases, any such matter is handled under Google’s policies. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are the sole responsibility of REVSTREAM LLC.

5. Product claims

REVSTREAM LLC, not Apple or Google, is responsible for addressing any claims by you or a third party relating to the Licensed Application or your use of it, including: (i) product-liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation. This EULA does not limit REVSTREAM LLC’s liability beyond what is permitted by applicable law.

6. Intellectual property

The Licensed Application and all rights in it are and remain the property of REVSTREAM LLC and its licensors. In the event of a third-party claim that the Licensed Application or your possession and use of it infringes that third party’s intellectual property rights, REVSTREAM LLC — not Apple or Google — will be solely responsible for the investigation, defense, settlement and discharge of any such claim, to the extent required by this EULA.

7. Legal compliance

You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

8. Health and safety

The Licensed Application is a wellness and relaxation product and is not a medical device. You agree to the health and safety notice in our Terms of Use, including not using it while driving or operating machinery and consulting a professional if you have epilepsy, are pregnant, wear a pacemaker, or have a relevant medical condition.

9. Third-party terms

You must comply with any applicable third-party terms of agreement when using the Licensed Application (for example, your wireless data plan terms).

10. Third-party beneficiary

You acknowledge and agree that Apple, Google, and their subsidiaries are third-party beneficiaries of this EULA, and that, upon your acceptance of this EULA, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

11. Termination

This EULA is effective until terminated. Your rights under it will end automatically if you fail to comply with any of its terms. Upon termination you must stop using the Licensed Application and delete all copies.

12. Governing law

This EULA is governed by the laws of the Republic of Armenia, without regard to conflict-of-law rules, unless a mandatory consumer-protection law of your country of residence provides otherwise.

13. Contact

For questions or complaints regarding the Licensed Application, contact REVSTREAM LLC at ceo@revstre.am.