Terms of Use — Arkal

1. About us

The Arkal app (the "App") is published by AB Design, a micro-enterprise (sole proprietorship) of Aurélien Blareau, registered under SIREN number 853 481 083, whose registered office is located at Avenue de la Jonque, Les Ayguades, 11430 Gruissan, France ("we", "us").

Publication director: Aurélien Blareau
Contact: hello@arkalapp.com
Website: https://arkalapp.com

2. Acceptance of these terms

These Terms of Use (the "Terms") govern your use of the App and your subscription. By downloading, installing or using the App, you accept these Terms. If you do not accept them, please do not use the App.

3. The service

Arkal offers binaural beats and sound ambiences designed to support sleep, focus and relaxation, along with related features such as listening statistics, streaks, favorites, playlists, reminders and a referral program.

The App works best with headphones. Some features require an internet connection.

You do not need to create an account. Your data is linked to an anonymous identifier on your device. If you uninstall the App or change devices, some of your data (such as your history, favorites or streak) may be lost. Your subscription can be restored through the "Restore purchases" feature of the App.

4. Health and safety

Arkal is a wellbeing app. It is not a medical device and does not provide medical advice, diagnosis or treatment. It does not replace consulting a doctor or a healthcare professional.

The effects of binaural beats vary from person to person. The figures and studies mentioned in the App are given for information only and do not guarantee any particular result.

• Never use the App while driving, operating machinery or doing any activity that requires your full attention.
• Consult a doctor before using the App if you suffer from epilepsy or have a history of seizures, have a heart condition or a pacemaker, are pregnant, have a psychiatric condition or have hearing problems.
• Listen at a moderate volume. Prolonged exposure to loud sounds can damage your hearing.
• Stop using the App immediately if you feel any discomfort, dizziness, headache or anxiety.

5. Who can use the App

The App is intended for users aged 15 and over. Users under 15 may only use the App with the consent of a parent or legal guardian, who accepts these Terms on their behalf.

6. Subscription

6.1 Access. All content and features of the App require an active subscription or a free trial.

6.2 Plans and prices. Two plans are available:

• Monthly: €9.99 per month
• Annual: €49.99 per year

Prices include applicable taxes. Prices shown in the App and in the App Store or Google Play may vary by country and currency, and the price displayed at the time of purchase applies.

6.3 Free trial. The annual plan includes a 7-day free trial, available once per user (according to the rules of the App Store or Google Play). Unless you cancel at least 24 hours before the end of the trial, your subscription automatically converts into a paid annual subscription at the end of the trial.

6.4 Payment. Subscriptions are purchased and billed exclusively through the App Store (Apple) or Google Play (Google), using the payment method linked to your Apple or Google account. We never have access to your payment details.

6.5 Automatic renewal. Your subscription renews automatically for the same period (one month or one year) at the then-current price, unless you cancel at least 24 hours before the end of the current period.

6.6 Cancellation. You can cancel at any time in the subscription settings of your Apple or Google account. Uninstalling the App does not cancel your subscription. After cancellation, you keep access until the end of the period already paid.

6.7 Refunds. Refunds are handled by Apple or Google according to their own policies. You can request one directly from them.

6.8 Price changes. We may change our prices. You will be informed in advance through the App Store or Google Play, and the new price will apply only from your next renewal. If you do not agree with it, you can cancel your subscription before that date.

7. Right of withdrawal

If you are a consumer in the European Union, you normally have 14 days to withdraw from a distance contract. However, as the App gives you immediate access to digital content, by starting your subscription you expressly request that it start immediately and acknowledge that you thereby lose your right of withdrawal, to the extent permitted by law (Article L221-28 13° of the French Consumer Code).

This does not affect your right to cancel the free trial or the automatic renewal at any time, as described above.

8. Referral program

8.1 How it works. Each user has a personal referral code that they can share with friends.

8.2 For the referred friend. A friend who uses your code receives 30 days of subscription for free. The code must be used within 30 days after installing the App. A user can only use one referral code, and cannot use their own code.

8.3 For the referrer. You earn rewards based on the number of friends who have used your code and have completed their first paid month:

• 1 friend: 30 days of subscription
• 3 friends: 6 months of subscription
• 5 friends: 1 year of subscription

A friend only counts after their first paid month. A friend who is refunded no longer counts.

8.4 Limits. Rewards do not add up: each tier replaces the previous one, and you can earn a maximum of 1 year of free subscription through the referral program.

8.5 Terms of use. Rewards are personal, cannot be transferred and have no cash value. They are granted in the form we determine (for example a promotional offer through the App Store or Google Play). We may cancel rewards obtained fraudulently or abusively (fake users, multiple devices, sale or public mass distribution of codes, etc.). We may modify or end the referral program at any time; rewards already earned will remain valid.

9. Acceptable use

You agree not to:

• use the App for any unlawful purpose;
• copy, record, extract, resell or distribute the sounds or content of the App;
• decompile, reverse engineer or try to access the source code of the App, except where permitted by law;
• disrupt the operation of the App or try to bypass its security or subscription system;
• abuse the referral program.

10. Intellectual property

The App and all its content (sounds, music, texts, images, illustrations, logos, the Arkal brand, design and software) are protected by intellectual property rights and belong to AB Design or its licensors.

We grant you a personal, non-exclusive, non-transferable and revocable license to use the App for private, non-commercial purposes, for the duration of your subscription. Any other use requires our prior written consent.

11. Availability

We do our best to keep the App available and working properly, but we cannot guarantee that it will be uninterrupted or free of errors. We may update, modify, suspend or remove features or content, in particular for maintenance, security or improvement reasons.

12. Liability

We are liable for the proper performance of our obligations under these Terms, within the limits provided by law. We are not liable for:

• damage resulting from use of the App contrary to these Terms, in particular to the health and safety recommendations above;
• interruptions caused by your device, your internet connection, Apple, Google or any other third party;
• indirect damage.

Nothing in these Terms limits our liability where the law does not allow it, nor your rights as a consumer.

13. Personal data

We process your personal data as described in our Privacy Policy, available in the App and on https://arkalapp.com.

14. Termination

You can stop using the App at any time by cancelling your subscription and uninstalling the App.

We may suspend or end your access to the App if you seriously breach these Terms, after informing you where possible.

15. Changes to these Terms

We may update these Terms, for example to reflect a change in the App or in the law. We will publish the new version in the App and on https://arkalapp.com, and inform you in the App of any significant change. If you continue to use the App after the changes take effect, you accept the new Terms.

16. Apple and Google

If you downloaded the App from the App Store, you acknowledge that these Terms are between you and AB Design only, not Apple. Apple is not responsible for the App, its content, its maintenance or support, or for handling any claim relating to it. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. If the App fails to conform to any applicable warranty, you may notify Apple, which will refund the purchase price of the App, if any.

If you downloaded the App from Google Play, the Google Play Terms of Service also apply to your purchase.

17. Governing law and disputes

These Terms are governed by French law.

In the event of a dispute, please contact us first at hello@arkalapp.com so that we can try to find an amicable solution.

If you are a consumer and we cannot resolve the dispute together, you may refer it free of charge to a consumer mediator. The contact details of our consumer mediator are available on request at hello@arkalapp.com.

Failing an amicable solution, any dispute will be brought before the competent courts of Lille, unless mandatory rules provide otherwise. In particular, if you are a consumer, you may also bring the dispute before the court of your place of residence.

18. Contact

For any question about these Terms: hello@arkalapp.com

AB Design — Avenue de la Jonque, Les Ayguades, 11430 Gruissan, France