Dreamp - Terms Of Use

DREAMP TERMS OF USE

Effective June 22, 2023

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH ALL THE OTHER TERMS MENTIONED BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE PRODUCTS, APP AND SERVICES.

IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE THE APP, PRODUCTS AND SERVICES, BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO EVERYTHING IN OUR TERMS OF USE.

1. General

These Terms govern the relationship between You and Dmitrii Efimov (“App Author”, “App Publisher”), TECHZAHITA, LLC regarding the Dreamp application (“App”), for use with hardware products manufactured by TECHZAHITA LLC (“Products”) purchased or manufactured after September 22, 2023, your use of Products and your use of related services that complement or facilitate your use of the Application or Products (“Services”). The Application, Products and Services collectively are the "Dreamp Products and Services". The App Publisher and TECHZAHITA LLC are collectively referred to as "We", "Our", "Us". The terms "You", "Your" and "Yours" refer to the person or entity who is bound by these Terms and accesses, viewing, visiting or using any of the Dreamp Products and Services.

Services are not intended to be provided to and are not offered to anyone under the age of 13. If you are under the age of 18, do not enter into these Terms without the permission of your legal guardian. Use of Dreamp Products and Services is also governed by Dreamp's Privacy Policy, the most current version which can be found at https://sites.google.com/view/dreamp/legal/privacy-policy (the "Privacy Policy"), which is incorporated herein by a web link. We reserve the right, in our discretion, to change or modify all or any part of the Terms at any time, effective immediately upon notice published on this page. Your use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by us as permitted above. Please be sure to review the Terms periodically to ensure familiarity with the most current version. If at any time the Terms are no longer acceptable to you, you should immediately cease all use of the Services. It is your responsibility to refer to the Terms upon accessing the Services.

2. Fees and Purchase Terms

You agree to pay any and all fees and applicable taxes, if any, incurred by you through use of the Services. The App Publisher reserves the right in the future to charge fees for any parts of the Services that may have previously been offered without a fee. You agree that App Publisher in the future may offer premium services as part of the Services that may require fees or additional fees. The App Publisher may revise the pricing for the goods and services offered through the Services at any time. You agree to make all necessary arrangements that will allow you to use the Application, Services, including the purchase of the Product, provision of Internet access. YOU ACKNOWLEDGE THAT APP PUBLISHER IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PARTS OF THE SERVICES WHEN ACCESS TO THE SERVICES IS DISCONTINUED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

3. Termination of Services

The App Publisher reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Services at any time for any reason without prior notice or liability. In such event, the App Publisher shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Conversely, you may terminate your access to the Services at any time by immediately ceasing use of the Services. Once your access terminates, you will have no right to use the Services. The Terms shall survive any termination of your access. The App Publisher may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, without prior notice or liability.

4. Use the Application and Product

You rely on the Application or Product at your own risk.

Neither the Application nor the Product has not been developed to meet your individual requirements. It is therefore your responsibility to ensure that the facilities and functions of the Application meet your requirements. The Application and the Product has been developed to increase the availability in the world of a new physiotherapeutic method of transcranial electrical stimulation with continuous type signal for independent use that does not require the participation, control or supervision of a medical professional, which is part of, described, and protected by PATENT RU 207766 U1, provided with jurisdiction of Russia.

Consult Your doctor before using the Application or Product.

Neither the Application nor the Product is not intended for diagnose, treat, cure, monitor, or prevent any disease, or to determine the existence or absence of any medical or health condition and you may not use it for any of these purposes. If you experience any health issues or medical conditions, stop using the Dreamp Products and Services and consult a doctor.

You agree not to reproduce or distribute any copies of the Application or firmware of the Product and not to reverse engineer, decompile, disassemble or otherwise seek to view the source code of the Application or firmware of the Product.

5. Use the Service

You are responsible for making all arrangements necessary for you to have access to the Services, including providing the compatible device and Internet access. You are also responsible for ensuring that all persons who access the Services through your compatible device are aware of these Terms, and that they comply with them in full at all times. You agree that you will at all times comply with all laws and regulations when using the Dreamp Products and Services.

6. Disclaimer, Limitations, Waivers of Liability, Indemnification

The Services are distributed on an "as is, as available" basis. We make no warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the Services. You expressly agree that the entire risk as to the quality and performance of the Services is assumed solely by you, and we cannot guarantee the continued availability of any particular component of the Services.

THE PRODUCTS MAY HAVE CERTAIN LIMITED WARRANTIES.

NO WARRANTY OF ERROR-FREE OPERATION AND ASSUMPTION OF RISK. WITHOUT LIMITING THE FOREGOING, NEITHER APP PUBLISHER NOR TECHZAHITA LLC, NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "DREAMP PARTIES") WARRANT THAT THE DREAMP PRODUCTS AND SERVICES WILL PERFORM IN AN UNINTERRUPTED OR ERROR-FREE MANNER. YOU ASSUME ALL RISK FOR USE OF DREAMP PRODUCTS AND SERVICES AND ARE COMPLETELY RESPONSIBLE FOR TAKING ALL SAFETY AND SECURITY PRECAUTIONS NECESSARY FOR THE USE OF DREAMP PRODUCTS AND SERVICES.

DISCLAIMER OF INDIRECT DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE DREAMP PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES.

NOT RESPONSIBLE FOR THIRD PARTY CONDUCT. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE DREAMP PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE DREAMP PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER PRODUCT OWNERS OR USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

NEITHER THE APP, THE SERVICES, OR THE PRODUCT, OR INDIVIDUALLY OR COLLECTIVELY, ARE A DIAGNOSIS, PREVENTION, OR TREATMENT TOOL. NEITHER THE APP PUBLISHER, NOR TECHZAHITA, LLC, NOR ITS LICENSORS MAKE ANY WARRANTY IN THIS REGARD.

To the maximum extent permitted by applicable laws in your jurisdiction, your access to and use of the Services is at your sole risk and the Dreamp Parties expressly exclude all liability, loss, or damages incurred by you, or any other person, whether in contract, tort (including negligence), or under any other theory, for any of the following: loss of profits, loss of income, loss of revenue, loss of data or loss of goodwill; and special, indirect or consequential loss or damage.

If you are dissatisfied with any aspect of the Services at any time, your sole and exclusive remedy under the Terms is to stop accessing and using the Services. Without prejudice to the preceding restrictions, and to the maximum extent permitted by applicable law in your jurisdiction, in no event will the Dreamp Parties' total aggregate liability to you or to any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort (including negligence) or under any other theory exceed 30.00 USD. You acknowledge and agree the disclaimers and limitations of liability expressed in these Terms are fair and reasonable.

Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, punitive or exemplary damages, bodily or moral (reputational) damages, gross negligence, death or personal injury caused by negligence, personal injury or loss of or damage to property caused by defective products, fraud and/or fraudulent misrepresentation, or recklessness, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of Dreamp Parties shall be limited to the greatest extent permitted by applicable law.

You agree to indemnify, defend and hold harmless the Dreamp Parties from any and all claims, liability, damages, damages, costs and expenses (including attorneys' fees) incurred by any Dreamp Party in connection with:

- Your use of our Services;

- Your violation of the Terms or the Privacy Policy;

- Your violation of the rights of any other person or entity.

7. Miscellaneous

These Terms constitutes the entire Agreement between the parties with respect to the subject matter of these Terms and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision shall be construed so as to preserve, to the extent possible, the intent of the parties, the validity, legality and enforceability of the remaining provisions in no way shall not be affected or violated by it, and such decision shall not affect the validity, legality or enforceability of such provision in other circumstances.

Updated by Dmitrii Efimov on June 22, 2023.

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REFERENCE INFORMATION REGARDING THE APP AND THE PHYSICAL PRODUCT

This App and Physical Product is dedicated to all the people who are unnecessarily worried about the events taking place in their lives.

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All Documents, Symbols, Application and the Physical Product Designed by Dmitrii Efimov.

With scientific support and research manuscripts by Dr. Kirill Vinokurov & Dr. Karina Denisova;

With financial and business consulting support of Mikhail Gushchin;

With gratitude to all old school teachers of the RT-Systems Faculty of the RTU MIREA University;

With gratitude to my parents, my brother and my muse Olga.

DMITRII EFIMOV

Moscow, Russia

June 2023

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