Terms of Service

1. Acceptance and eligibility

These Terms of Service and End User License Agreement (the "Terms") are a binding agreement between you and Furstenburg Digital LLC, a Florida limited liability company ("we," "us"). By downloading or using the Everstill mobile application (the "App") or the Everstill pages at furstenburgdigital.com (the "Site"), you accept these Terms. You must be at least 13 years old to use the App. If you do not agree, do not use the App.

2. License

We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App for your personal, non-commercial use on Apple-branded devices that you own or control, as permitted by the App Store Terms of Service. You may not:

• copy, distribute, resell, rent, lease, or sublicense the App;
• reverse engineer, decompile, or disassemble the App, except to the extent the law permits it despite this restriction;
• modify the App or create derivative works from it;
• remove or alter any copyright, trademark, or other proprietary notices.

3. Ownership

The App, including its session content, design, code, name, and icon, is owned by Furstenburg Digital LLC and protected by intellectual-property laws. These Terms give you a license to use the App, not any ownership in it. The content you create in the App — journal entries and mood check-ins — is yours; it is stored only on your device and we never receive it. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without obligation to you.

4. Price

The App is free. It contains no in-app purchases, no subscriptions, no tips, and no advertising. If that ever changes, we will update these Terms and the App Store listing before charging anyone anything.

5. Not medical advice

The App provides guided meditation, breathing, sleep, and journaling content for general relaxation and wellbeing. The App is not a medical device and does not provide medical, psychological, or therapeutic advice, diagnosis, or treatment. It is not a substitute for care from a physician or mental-health professional. Do not use the App while driving or in any situation requiring your full attention. If you are experiencing a medical or mental-health emergency, call 911 or the 988 Suicide & Crisis Lifeline (call or text 988 in the United States).

6. Acceptable use

You agree not to use the App in violation of any law, not to interfere with or attempt to breach the security of the App, and not to use the App's content to build a competing product.

7. Disclaimer of warranties

THE APP AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT USING IT WILL PRODUCE ANY PARTICULAR WELLNESS OUTCOME. YOUR DATA IS STORED ONLY ON YOUR DEVICE; YOU ARE RESPONSIBLE FOR BACKING UP YOUR DEVICE, AND WE ARE NOT RESPONSIBLE FOR LOSS OF ON-DEVICE DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FURSTENBURG DIGITAL LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, ARISING FROM OR RELATED TO YOUR USE OF THE APP. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE APP WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM (CURRENTLY $0 — THE APP IS FREE) OR FIFTY DOLLARS ($50). THIS LIMITATION APPLIES EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND DOES NOT EXCLUDE LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED.

9. Indemnification

You agree to indemnify and hold harmless Furstenburg Digital LLC from claims, damages, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms or your misuse of the App.

10. Termination

You may stop using the App at any time by deleting it. We may terminate this license if you materially breach these Terms. Sections 3 and 5 through 13 survive termination.

11. Apple-specific terms

The App is distributed through Apple's App Store. The following terms apply to the extent required by Apple's Licensed Application End User License Agreement minimum terms:

• These Terms are between you and Furstenburg Digital LLC only — not with Apple Inc. Apple is not responsible for the App or its content.
• Apple has no obligation to furnish any maintenance or support for the App. For support, contact support@furstenburgdigital.com.
• In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (the App is free, so no refund applies). To the maximum extent permitted by law, Apple has no other warranty obligation, and any other warranty claims are our responsibility.
• We, not Apple, are responsible for addressing any claims relating to the App, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, and consumer-protection or similar claims.
• In the event of any third-party claim that the App infringes intellectual-property rights, we, not Apple, are responsible for the investigation, defense, settlement, and discharge of that claim.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms of agreement when using the App.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

12. Export control and government use

You may not use or export the App except as authorized by United States law. The App is "commercial computer software" for purposes of any U.S. Government acquisition regulations.

13. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Any dispute arising from these Terms or the App will be brought exclusively in the state or federal courts located in Florida, and you consent to their jurisdiction. Nothing in this section prevents either party from bringing a qualifying claim in small-claims court.

14. General

If any provision of these Terms is held unenforceable, the rest remain in effect. These Terms are the entire agreement between you and us regarding the App. We may assign these Terms in connection with a merger or sale of the business; you may not assign them. Our failure to enforce a provision is not a waiver of it.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be reflected by a new effective date on this page and, where appropriate, a notice in the App Store listing's "What's New" notes. Continued use of the App after a change means you accept the updated Terms.

16. Contact

Furstenburg Digital LLC
support@furstenburgdigital.com