SmartDreams™ Terms of Use

Thank you for your interest in our mobile application, SmartDreams™ (the “App”), which allows users to create customized stories. These Terms of Use (“Terms”) constitute a binding agreement between you and SixD Inc. (“SixD,” “we,” “our” or “us”). These Terms govern your use of the App. The App is licensed, not sold, to you.

BY DOWNLOADING OR USING THE APP, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 16 YEARS OF AGE OR OLDER; (C) REPRESENT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; (D) REPRESENT THAT YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES; AND (E) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE THE APP AND DELETE IT FROM YOUR MOBILE DEVICE.

1. LICENSE TO APP.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non transferable license to access and use the App as permitted by these Terms solely for your personal, private, and non-commercial use. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. We may revoke your license at any time at our sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the App, as well as copies of such materials, whether made in accordance with these Terms or otherwise. Any rights not expressly granted herein are reserved by SixD.


2. ACCOUNT REGISTRATION.
You may be required to register in order to access and use the App. If you choose to register, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted during registration. The App is intended for users 16 years of age or older, and children under the age of 13 are strictly prohibited from directly using the App. You are fully responsible for any and all activities that occur under your password or account, and for ensuring that your password remains confidential and secure. You agree to immediately notify us of any unauthorized use of your password or account or other security breach. We will not be liable for any loss or damage arising from your failure to comply with this Section.


3. USE RESTRICTIONS.
You agree not to engage in any of the following while using our App:

Misrepresent Your Identity
• Knowingly provide or submit false or misleading information.
• Use another user’s account, share an account with another user, or maintain more than one account.
• Create another account if we have already terminated your account, unless you have our permission.
Technically Interfere with or Monitor the App
• Use bots or other automated methods to access the App.
• Monitor the App’s availability, performance or functionality for any competitive purpose.
• Attempt to interfere with or disrupt our servers or networks.
Violate Anyone’s Rights
• Rent, lease, loan, trade, sell/re-sell or otherwise monetize the App.
• Violate the intellectual property rights of SixD or third parties, including, without limitation, copying or distributing content, technology and/or materials.
• Use the App in order to damage SixD.
• Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the App.
• Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Post anything that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
Violate the Law or Post Prohibited Content
• Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law, including applicable international, federal, state, provincial or other local laws, rules or regulations relating to personal information, data privacy, information security, personally identifiable information, identity theft, data breach notification, trans-border data flow or data protection.
• Use the App for any purpose that is illegal or prohibited by these Terms.
• Post content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, slanderous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
• Post content that is otherwise, and in our sole discretion, is vulgar, obscene, or objectionable.
• Use the App for any harmful or nefarious purpose.
If we believe you are misusing our App or violating these Terms in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your use and access to our App. If we block you from accessing the App (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).


4. INTELLECTUAL PROPERTY RIGHTS.
The contents of our App are protected by copyright, trademark, and other intellectual property laws and, except as otherwise expressly set out in these Terms, may not be used, copied, reproduced, sold, published, distributed, displayed, retransmitted, or modified without the express prior permission of SixD.

“SmartDreams™” and other graphics, logos, designs, page headers, button icons, scripts, and service names available on the App are trademarks of SixD. These trademarks may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, in any manner that is likely to cause confusion.

You acknowledge and agree that the App is provided under license and not sold to you. You do not acquire any ownership interest in the App under these Terms or any other rights thereto other than to use the App in accordance with the license granted, subject to all terms, conditions, and restrictions set forth in these Terms. SixD and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.


5. FEEDBACK.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to the App (collectively “Feedback”), we will maintain these submissions at our sole discretion and consider such to be irrevocably transferred to SixD. You understand and agree that by providing this Feedback to us, you are irrevocably assigning any rights you may have in it to SixD and that SixD shall have the right, but not the obligation, to use this Feedback perpetually, free of charge, and throughout the world without restriction.


6. CONFIDENTIAL INFORMATION.
You acknowledge the proprietary and confidential nature of the App and any and all of our information provided to you through the App, including but not limited to our trade secrets, intellectual property and proprietary rights, business and financial information, technical information, and processes (collectively, the “Confidential Information”). You agree not to: (i) use Confidential Information for any purpose other than use of the App pursuant to these Terms and (ii) disclose our Confidential Information to any third party without our prior written consent. At a minimum, you agree to limit access to our Confidential Information to those advisors, attorneys, contractors, consultants, and employees having a need to know our Confidential Information for that party either to exercise its rights or fulfill its obligations, as applicable, under these Terms.


7. THIRD PARTY WEBSITES.
The App may contain links to websites or services operated by other parties as a convenience, and your use of these sites and services is at your own risk. The linked sites and services are not under the control of SixD and we are not responsible for the content available on these third-party sites


8. MODIFICATIONS TO APP.
We reserve the right to temporarily or permanently modify or discontinue the App or any of its components or features, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the App. We have no obligation to retain your account for any period of time beyond what may be required by applicable law or as otherwise in our discretion.


9. INDEMNITY.
You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including but not limited to attorney’s fees, that arise from your use or misuse of the App or your violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.


10. DISCLAIMER OF WARRANTIES.
YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. SIXD MAKES NO WARRANTY THAT (I) THE APP WILL MEET YOUR REQUIREMENTS, (II) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS.


11. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OR THE INABILITY TO USE THE APP, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR ANY OTHER MATTER RELATING TO THE APP. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO US IN THE LAST TWELVE (12) MONTHS, IF ANY, OR ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE APP. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF SIXD SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.


12. VOID WHERE PROHIBITED.
SixD is based in the United States. We provide the App for use only by persons located in the United States. We make no claims that the App is appropriate outside of the United States. Use of the App may not be legal for certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Use of our App is void where prohibited.


13. GOVERNING LAW.
These Terms are governed by the laws of the State of California, without regard to choice or conflict of law rules therein. The exclusive jurisdiction and venue for actions related to these Terms are the state courts located in California or the United States District Courts in California, and both parties submit to the personal jurisdiction of these courts.


14. TERMINATION.
You may terminate your use of the App at any time. Your right to use any of our App expires upon any earlier termination or suspension by you or SixD, with or without cause. You agree that we, in our sole discretion, may suspend or terminate your account (or any part thereof) or use of the App for any reason, including, without limitation, if we believe that you have violated these Terms. We may also, in our sole discretion, at any time and without notice, discontinue providing the App, or any part thereof, with or without notice. You agree that any termination of your access to the App under any provision of these Terms may be affected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the App. Further, you agree that we will not be liable to you or any third party for any termination of your access to the App. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE APP.


15. PRIVACY.
We respect the privacy of our users. For details, please see our Privacy Notice.


16. MODIFICATIONS TO THESE TERMS.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, depending on the nature of the change, we will post the changes on the Services and indicate the new effective date at the top of the document. Depending on the type of change, we may also provide you with other reasonable means of notification as required by applicable law. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Services from time to time.


17. ADDITIONAL TERMS FOR APPLE USERS.
If you access an App via a mobile device or tablet branded by Apple, Inc. (“Apple”) and running Apple’s iOS, the following terms are hereby made part of these Terms:
Acknowledgement. You acknowledge that these Terms are between you and SixD only and not with Apple, and that SixD, not Apple, is solely responsible for the App and its content.

Scope of License. The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing, volume purchasing, or Legacy Contacts.

Maintenance and Support. SixD, and not Apple, is solely responsible for providing any maintenance and support services with respect to the App, consistent with SixD’s policies. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Warrant. SixD is solely responsible for any product warranties, whether expressed or implied by law, to the extent they are not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation 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 SixD’s sole responsibility.

Product Claims. You acknowledge that SixD, not Apple, is responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Intellectual Property Rights. You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, SixD, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the App.

Third-Party Beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.


18. MISCELLANEOUS.
These Terms and any supplemental terms, policies, rules, and guidelines posted on the App constitute the entire agreement between you and SixD, govern your use of the App and supersede all previous written or oral agreements. The failure of SixD to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to or use of the App. You may not assign these Terms without the prior written consent of SixD, but SixD may assign or transfer these Terms, in whole or in part, without restriction. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.


19. CONTACT US.
For questions about these Terms, please contact us at:
SixD Inc.
Attn: SmartDreams Terms
15332 Antioch St. #577
Los Angeles, CA 90272
renee@smartdreams.app