Terms of Service

Legal agreement for using Melow app and services

These Terms of Service ("Terms") apply to the products and services of Melow, New Era Products, LLC and our subsidiaries and affiliates ("Melow," "we," or "us"), including the Melow App (the "App"), our websites, social media pages, software applications, and other online services (collectively, the "Services").

Please refer to the Privacy Policy and any other posted policies for information regarding how we collect, use, and disclose information about you.

For Melow users in the United States and countries and territories outside of the European Economic Area (which includes the European Union), Switzerland, or the United Kingdom, these Melow Terms of Service apply.

For Melow users in countries in the European Economic Area (which includes the European Union), Switzerland, or the United Kingdom, the Melow Terms of Service for the EEA, Switzerland, and UK apply.

1. Agreement to Terms

By accessing or using the Services, you acknowledge that you have read these Terms, that they govern your use of the Services, and that you agree to them. By agreeing, you and Melow will resolve disputes on an individual basis through arbitration where permitted, not through a jury trial, class arbitration, class action, or representative proceeding. If you do not agree, do not use the Services.

2. Additional Terms

Additional terms may apply to some Services and supplement these Terms. They control in case of conflict.

3. Service Use

Eligibility: You must be 13 years old or older (or the age of digital consent in your jurisdiction). If under the age of majority where you live, a parent or guardian must agree to these Terms. Parents are responsible for their child’s activity.

Account Registration and Security: Register for an account to use many Services. Provide accurate information, keep it updated, and secure your account. Notify support@melow-app.com of unauthorized use. You are responsible for account activities. Do not create an account if previously removed without permission.

Wellness Disclaimer: The Melow App and related Services offer short-form breathwork, notifications, and habit tools intended for general wellness only. Neither the App nor Services diagnose, treat, cure, or prevent any disease and do not replace advice from a licensed healthcare professional.

4. Accounts and Access

You may use Services without signing in, but connecting Sign in with Apple lets us sync preferences, progress, and subscriptions through your private iCloud database. We also generate anonymized device identifier stored in UserDefaults to keep on-device settings stable.

  • Keep your Apple ID, device passcode, and any authentication credentials secure.
  • Provide accurate information and promptly update it on the Profile screens.
  • Notify us if you believe your account, anonymizer device ID, or subscription has been compromised.

You are responsible for all activity that occurs on your device(s) when logged into Services.

5. Subscriptions and Promotional Offers

This section covers paid subscriptions ("Melow Premium").

  • Recurring Subscriptions: Continuous until canceled, auto-renewing. We charge your payment method each period. If payment fails, you remain responsible. Premium plans are sold through Apple’s in-app purchase system. Apple handles your payment information and taxes.
  • Cancellation: Cancel 24 hours before renewal via https://melow-app.com/profile/manage-subscription (.com purchases) or third-party (e.g., app store). No refunds for paid fees, but access continues until period ends. Contact support@melow-app.com for help. Premium content becomes inaccessible when your subscriptions lapses.
  • Changes: We may change prices or terms, notifying you via account email. Cancel if disagreed.
  • Promotional Offers: Trials or discounts with specific terms. For new customers unless stated. Must provide payment method. Auto-bills post-promo if not canceled 24 hours prior.
  • Other Subscriptions: Via employer or health plan; follow their instructions. Terminates on ineligibility.

6. Other Payments Terms

  • Payment Method: Provide accurate method; we charge for purchases including taxes. We may update via providers.
  • Cancellations and Disputes: Resolve transaction issues with us first before reversing charges.
  • Refunds: No refunds unless required by law.
  • Future Functionality: Purchases not contingent on future features.

7. Services and User Content Rights

  • Melow Services Ownership: We own the Services and content; subject to and protected by IP laws. Do not alter rights notices, reproduce, record, or distribute without permission.
  • Limited License Granted by Melow: Personal, non-commercial use. Limited, revocable, non-transferrable license to download the Melow App for installation on device(s) you own or control for general personal wellness use only. Auto-updates authorized. No other use without permission.
  • User Content Ownership: You own your content; we don't claim rights except license below.
  • License You Grant to Melow: Royalty-free, worldwide license to use, modify, distribute your content for Services. Waive moral rights. Content may be visible to others; warrant no violations.

8. Third-Party Content

Third-party content provided as convenience; no control or endorsement by us. You assume all risk.

9. Copyright Complaints and Repeat Infringer Policy

Notify designated agent for infringements:

Designated Agent: Copyright Agent (The Melow App), 16475 Dallas Parkway, Suite 750, Addison, TX 75001; (541) 200-0917; dmca@melow-app.com.

Follow 17 U.S.C. § 512(c)(3). Misrepresentation may lead to liability. Terminate accounts for repeated infringement.

10. Prohibitions on User Content and Conduct

You are responsible for content and conduct; prohibited:

  • Posting content that infringes rights, is illegal, fraudulent, defamatory, obscene, discriminatory, violent, etc.
  • Copying or distributing Services.
  • Modifying Services.
  • Using contrary to Terms or law.
  • Developing interacting apps without consent.
  • Circumventing protections.
  • Scraping data.
  • Reverse engineering.
  • Interfering with access.
  • Collecting personal info without permission.
  • Harassing conduct.
  • Using another’s account.
  • Encouraging violations.

We may monitor and remove violating content without notice. Cooperate with law enforcement.

11. Trademarks

Do not use our trademarks without permission. No endorsement implied.

12. Termination

We may terminate for violations without notice. You may cancel via support@melow-app.com. Surviving provisions include ownership, disclaimers.

13. Warranty Disclaimers

Services "as is" without warranties. No merchantability, fitness, etc. Use at your risk.

14. Medical Disclaimers

Informational only; not medical advice. Consult professionals. Not for use while driving/machinery.

15. Indemnity

Indemnify us for claims from your use, content, violations.

16. Limitation of Liability

No consequential damages. Liability limited to amounts paid or US$50.

17. Agreement to Arbitrate

Disputes arbitrated individually, no class actions. Opt-out within 30 days via notices@melow-app.com. Informal resolution first. Administered by JAMS. Details on process, fees, etc.

18. Governing Law and Venue

Governed by Texas law; courts in Northern District of Texas, Dallas Division.

19. Modifying and Terminating the Services

We may change/discontinue without notice.

20. Changes to Terms

Notify via post/email; continued use accepts changes.

21. Other Terms

Entire agreement; severable; English only; no assignment without consent; no waiver unless written; electronic communications; consumer notice.

22. Feedback

No unsolicited ideas; feedback non-confidential.

23. Contact Information

support@melow-app.com or 16475 Dallas Parkway, Suite 750, Addison, TX 75001.

24. iOS Minimum Terms for Custom EULA

Applies to Apple devices. Acknowledgement, scope, maintenance, warranty, liability, IP claims, legal compliance, contact, third-party beneficiaries (Apple).

Global Addendum

  • Rights that Cannot be Excluded: Mandatory consumer laws apply (e.g., Australian Consumer Law).
  • Modifying and Terminating the Services: Object and terminate for unreasonable changes; pro rata refund in some cases (e.g., Australia).
  • Governing Law: Local law if required; e.g., For California residents, any required rights to seek public injunctive relief under California law shall remain available in a court of competent jurisdiction in California, unless and until such claims are determined to be subject to arbitration under applicable law. All other disputes remain subject to the arbitration and venue provisions of this Agreement to the fullest extent permitted.
  • Alternative Indemnity: For Australia; limited to IP/privacy infringements.
  • Alternative to Arbitration: For Canada/others; courts instead if arbitration prohibited.
  • Language: English controlling.
  • Contracts Rights of Third-Parties for Users in Singapore: No third-party enforcement.
  • Termination for Users in South Korea: Under 19 may cancel via section 11.