Terms of Use

These Terms of Use (“Terms”) form a binding agreement between you and Tiny Vessels Creative, LLC (“Tiny Vessels Creative,” “we,” “us,” “our”) governing your use of the CHARM application and this website, charmlyfe.com (together, the “Service”). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be able to form a binding contract to use the Service, and you must use it in compliance with these Terms and all applicable laws. If you use the Service on behalf of an organisation, you represent that you are authorised to bind it.

2. Licence to use CHARM

Subject to these Terms and the applicable app store’s terms, Tiny Vessels Creative grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use CHARM for your own private, non-commercial, contemplative use. This is a licence, not a sale; no ownership passes to you. All rights not expressly granted are reserved.

3. Not medical advice

CHARM is a contemplative and relaxation tool. It is not a medical device and does not diagnose, treat, cure, or prevent any disease or condition. Entrainment effects are modest and unproven: a calm space for breathing, not intended for treatment. Nothing in CHARM is a substitute for professional medical, psychological, or other care. Do not use CHARM while driving or operating machinery. See the methodology page for contraindications, and consult a qualified clinician about any health concern.

4. Subscriptions, billing & cancellation

CHARM is a free download with a 7-day trial, after which continued access requires a subscription at $2.99/month or $19.99/year (prices may vary by region and may change on notice). Subscriptions are sold and billed by the App Store or Google Play, not by us. They auto-renew until cancelled, and all billing, cancellation, and refund requests are handled through your app-store account under that store’s policies. Deleting the app does not cancel a subscription.

5. Intellectual property & reservation of rights

The Service and all of its contents — including the CHARM name, logos, and marks; the nine worlds and all artwork, illustration, and visual design; the audio, music, and sound design; the text and copy; the user interface, layout, and “look and feel”; and all underlying software and code — are owned by Tiny Vessels Creative or its licensors and are protected by copyright, trademark, trade-dress, patent, and other laws in the United States and worldwide. “CHARM,” the CHARM logo and marks, and the tagline are trademarks of Tiny Vessels Creative, whether or not marked. Certain typefaces are used under commercial or open-font licences that remain with their owners.

We reserve all rights not expressly granted, and nothing in the Service or these Terms grants you any licence to our intellectual property by implication, estoppel, or otherwise. You may not use our name, marks, or trade dress without our prior written permission, and you may not remove or alter any proprietary notice.

6. Restrictions

Except as applicable law expressly permits despite this clause, you may not, and may not permit or enable others to:

• copy, modify, translate, adapt, or create derivative works of the Service or any of its content;
• sell, rent, lease, sublicense, distribute, publish, publicly display, or otherwise commercialise the Service or its content;
• reverse-engineer, decompile, or disassemble the Service, or attempt to derive its source code, structure, or assets;
• circumvent, disable, or interfere with any security, licensing, digital-rights-management, or access-control feature;
• scrape, crawl, harvest, or systematically extract content or data, or use automated means to access the Service;
• use the Service or any of its content to develop, train, fine-tune, evaluate, or improve any machine-learning or artificial-intelligence model or dataset, or to perform text or data mining; or
• frame, mirror, or deep-link to the Service in a way that implies affiliation or endorsement, or use it for any unlawful, infringing, or harmful purpose, or in any way that could damage, disable, or overburden it.

7. Your submissions & feedback

If you send us a message or feedback, you represent that you have the right to do so, and you grant Tiny Vessels Creative a perpetual, irrevocable, worldwide, royalty-free licence to use it to operate and improve the Service, without obligation or compensation to you. Please do not send confidential information you do not want us to use for that purpose.

8. App-store terms

You obtain CHARM through a third-party app store and agree to that store’s terms as well as these Terms. Where you obtain CHARM from Apple’s App Store, you acknowledge that these Terms are between you and Tiny Vessels Creative only, not Apple; that Apple has no obligation to provide maintenance or support for CHARM; that, to the extent required, Apple is a third-party beneficiary of these Terms entitled to enforce them; and that Tiny Vessels Creative, not Apple, is responsible for the app and any claims relating to it. Equivalent acknowledgements apply to Google Play and any other distribution platform.

9. Availability & changes to the Service

We may add, change, suspend, or discontinue any part of the Service, and may impose limits on certain features, at any time and without liability. We do not warrant that the Service will always be available or that any feature will be maintained.

10. Third-party services

The Service depends on third parties — including app stores and their payment systems — each governed by its own terms and privacy practices. We are not responsible for third-party services, and your use of them is at your own risk and subject to their terms.

11. Disclaimers

To the fullest extent permitted by law, the Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising from course of dealing or usage. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that it will produce any particular result.

12. Limitation of liability

To the fullest extent permitted by law, Tiny Vessels Creative and its owners, members, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to the Service, however caused and under any theory of liability. Our total aggregate liability for all claims relating to the Service will not exceed the greater of the amount you paid us for the Service in the twelve months before the claim, or USD $50. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

13. Indemnification

You agree to indemnify and hold harmless Tiny Vessels Creative and its owners, members, and contractors from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your misuse of the Service or your breach of these Terms or of any law or third-party right.

14. Governing law & dispute resolution

These Terms are governed by the laws of the State of Georgia, United States, without regard to conflict-of-laws rules. Any dispute that cannot be resolved informally will be settled by binding individual arbitration administered under the rules of a recognised arbitration provider, seated in Georgia, rather than in court, except that either party may bring an individual claim in small-claims court or seek injunctive relief to protect intellectual property. To the extent permitted by law, disputes will be resolved only on an individual basis; class, collective, and representative actions are waived. Any claim must be brought within one year after it arises, or it is permanently barred. If arbitration is held unenforceable, the exclusive venue for disputes is the state and federal courts located in Georgia.

15. Termination

We may suspend or terminate your access to the Service at any time if you breach these Terms or to protect the Service. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.

16. General

These Terms, together with our Privacy Policy, are the entire agreement between you and Tiny Vessels Creative regarding the Service and supersede any prior understanding. If any provision is held unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for any delay or failure caused by events beyond our reasonable control. Questions? Reach us through the contact page.