Exist Now Mobile Application Terms and Conditions

Effective Date: December 21, 2023

Welcome to the Exist Now mobile application. This document outlines the Terms and Conditions for using the Exist Now app, including breath meditation, visualization exercises, reflection exercises, and AI-generated content.

0. Precedence of Apple's Standard EULA

In the event of any conflict or discrepancy between the terms and conditions outlined herein and Apple's Standard End User License Agreement (EULA), the terms of Apple's EULA shall take precedence. Apple's Standard EULA can be found at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/.

1. Acceptance of Terms

By using the Exist Now mobile application ("App"), you agree to these Terms and Conditions, which include this Agreement and our Privacy Policy.

2. User Accounts and Data Collection

We provide user accounts for personalized experiences and collect various types of data, including analytics, crash data, and AI integration data, to enhance the app's functionality.

3. Use of Information

Information collected is used to improve user experience, address technical issues, and generate AI-driven stories and images.

4. AI Features and User Content

Our AI features include text-to-image generation and text reading. Users are responsible for the content they share using these features.

5. Data Security and User Privacy

We take steps to protect your data and respect your privacy rights, especially for California residents.

6. Modifications to Terms

We reserve the right to modify these Terms at anytime.

7. Third-Party Services and Integration

The app integrates with services including Firebase, Google Analytics, OpenAI, and Eleven Labs to enhance its features and capabilities.

8. Copyright and Intellectual Property

Users must respect copyright laws and have the necessary rights for any content they submit or generate using the app.

9. User Conduct

Users are expected to adhere to our guidelines for appropriate and responsible behavior while using the app.

10. Marketing Use of AI-Generated Content

AI-generated images may be used for marketing purposes, without user consent.

11. Warranties, Indemnification, and Limitation of Liability

The Exist Now mobile application is provided "as is" and "as available" without any warranties of any kind, either express or implied. Digital Jaws LLC disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

While we strive to provide a high-quality user experience, we do not warrant that:

You agree to indemnify, defend, and hold harmless Digital Jaws LLC, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the app from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you or any other person accessing the app using your account.

In no event shall Digital Jaws LLC be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Digital Jaws LLC has been advised of the possibility of such damages), arising out of or in connection with our app, our services, or these Terms and Conditions (however arising, including negligence).

The limitations of liability to you in this section shall apply whether or not Digital Jaws LLC has been advised of or should have been aware of the possibility of any such losses arising.

12. Contact Information and Data Deletion Requests

For support or to request data deletion, contact us at support@existnow.com.

13. Governing Law

This Agreement is governed by the laws of California.