Terms of Service and End-User License Agreement (EULA)
Although this agreement contains standard clauses about software products, we recommend that you read it entirely. This End-User License Agreement (hereinafter referred to as the "EULA" or “Agreement”) constitutes an agreement between you and BeCozU (hereinafter referred to as the "Owner") regarding the BeCozU application for mobile phones (hereinafter referred to as "Software Product" or "Software"). By installing the Software, you agree to be bound by the terms of this agreement.
If you do not accept the terms of this EULA, do not install or use the Software.
1. LICENSE
The Software is licensed, not sold. The Owner grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software solely for your personal, non-commercial use on a single device. The rights granted herein are subject to your compliance with this EULA. No title or ownership in the Software is transferred or assigned, and this EULA should not be construed as a sale of any rights in the Software. All rights not expressly granted are reserved by the Owner.
2. RESTRICTIONS OF USE
Unless explicitly authorized by the Owner, you shall not:
- Copy, distribute, or transfer the Software from one device to another.
- Decompile, reverse engineer, disassemble, or modify the Software.
- Use the Software for commercial purposes, including but not limited to using the Software to generate revenue, internal business operations, or non-profit activities.
- Create derivative works based on the Software or incorporate it into other software.
- Rent, lease, resell, sublicense, or assign the Software or this license.
Any such unauthorized use shall void this license.
3. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Software, including but not limited to all code, graphics, text, interfaces, and trademarks, is the exclusive property of the Owner and are protected under U.S. and international copyright and trademark laws. You are not granted any ownership rights. You shall not remove or obscure the Owner's intellectual property rights, copyright, trademark, or proprietary notices from the Software or accompanying materials.
4. DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT ANY WARRANTIES OF ANY KIND. THE OWNER DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SOFTWARE MAY NOT MEET YOUR EXPECTATIONS OR OPERATE WITHOUT INTERRUPTION OR ERROR.
5. LIMITATION OF LIABILITY
The Owner shall not be liable for any special, incidental, or consequential damages arising from the use or inability to use the Software, including but not limited to data loss, device malfunction, or personal injury. This limitation applies to the fullest extent permitted by law.
6. PRIVACY
Your use of the Software is subject to our Privacy Policy. Our Privacy Policy governs how we collect, use, disclose and store your data related to your use of the Software, including but not limited to heart rate data, app usage, and session logs. We do not sell personal data to third parties. You may review the full Privacy Policy within the Software. By using the Software, you agree to our data practices as outlined in the Privacy Policy.
7. INDEMNITY
You agree to indemnify and hold the Owner harmless from any claims, losses, or damages arising from:
- Your misuse of the Software in violation of this EULA.
- Your breach of any terms herein.
- Any third-party claims related to your use of the Software.
8. MODIFICATIONS TO TERMS
The Owner reserves the right to update or modify this EULA at any time. Notifications of changes will be made available within the Software or on the Owner's website. Continued use of the Software constitutes acceptance of the updated terms.
9. MEDICAL DISCLAIMER
The Software is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease. The Software is designed for relaxation and wellness purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek advice from a qualified medical professional regarding any health-related concerns. If you believe you are experiencing a medical emergency, contact your physician or local emergency services immediately.
10. FEATURES
- Vagus Nerve Stimulation: Non-invasive stimulation is designed to promote relaxation and support well-being. Use only as directed in the Software.
- Music for Relaxation: The Software offers curated music to help you relax and reduce stress levels.
- Sleep Time Alarm: The Software provides personalized reminders to help you establish consistent sleep habits.
11. TERMINATION
This license is effective until terminated. The Owner may terminate this EULA, without notice, if you fail to comply with any terms herein. Upon termination, you must cease all use of the Software and delete it from your device.
12. GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws of the State of New York, United States. Any disputes arising out of or in connection with this agreement shall be resolved exclusively in the courts located in New York, United States.
13. DISPUTE RESOLUTION
Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration under the rules of the American Arbitration Association. You agree to waive any right to a jury trial or class action lawsuit, to the maximum extent permitted by law.
14. SEVERABILITY
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15. ENTIRE AGREEMENT
This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and the Owner regarding the Software and supersedes any prior agreements.
16. AGE RESTRICTION
The Software and Device are not intended for use by children under the age of 13. We do not knowingly collect personal or biometric information from users under 13 in compliance with the Children’s Online Privacy Protection Act (COPPA). Furthermore, due to the inclusion of transcutaneous auricular vagus nerve stimulation (taVNS) functionality, we strongly recommend that only individuals aged 18 or older use the Device independently. Users under 18 should consult with a medical professional or use the Device only under the supervision of a parent or guardian. By using the Software, you confirm that you meet these age requirements.