Terms of Service

Quiet Bit LLC, a Texas limited liability company, publishes Loam for iOS. By using Loam, you agree to these terms and to the Loam Privacy Policy. The most important one: Loam is a personal tool, not medical care.

1. Acceptance of these Terms

These Terms of Service (the “Terms”) are a binding agreement between you and Quiet Bit LLC governing your use of the App. By downloading, installing, or using the App, you agree to these Terms and to the Loam Privacy Policy, which is incorporated by reference. If you do not agree, do not download or use the App. You must be at least the age of majority where you live, or use the App with the involvement of a parent or legal guardian, to agree to these Terms.

Please read Section 2 (medical disclaimer) and Sections 11 (disclaimers), 12 (limitation of liability), and 14 (dispute resolution and arbitration) carefully. They affect your legal rights and remedies.

2. The App is not therapy or medical care

The App is a self-help wellness tool for managing everyday stress and overthinking. It presents general, educational information in plain language, drawing on concepts associated with cognitive behavioral therapy (CBT) and acceptance and commitment therapy (ACT).

THE APP IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL, PSYCHOLOGICAL, OR OTHER PROFESSIONAL ADVICE, THERAPY, COUNSELING, OR TREATMENT. IT DOES NOT DIAGNOSE, TREAT, CURE, OR PREVENT ANY CONDITION AND IS NOT A SUBSTITUTE FOR PROFESSIONAL CARE.

Do not use the App as a reason to seek, or to delay or disregard seeking, professional advice. If you have or may have a medical or mental-health condition, consult a qualified professional.

The App is not an emergency or crisis service. It does not detect crises, and it does not monitor your safety. IF YOU ARE IN CRISIS, OR THINKING ABOUT HARMING YOURSELF OR ANOTHER PERSON, CONTACT YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY. In the United States, you can call or text 988, the Suicide & Crisis Lifeline. Any third-party resources the App references are provided for your convenience only; Quiet Bit LLC does not operate, control, or endorse them and is not responsible for them.

You acknowledge and assume all risk associated with using a self-help wellness tool, and you are solely responsible for any decision you make, and any action you take or choose not to take, in connection with the App.

3. License

Subject to these Terms, Quiet Bit LLC grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial use and in accordance with the Usage Rules in the App Store Terms of Service. The App is licensed to you, not sold. Quiet Bit LLC and its licensors reserve all rights not expressly granted in these Terms.

4. Acceptable use

You agree not to:

• use the App for any unlawful purpose, or in any way that violates these Terms;
• copy, modify, distribute, sell, sublicense, rent, or lease the App;
• reverse engineer, decompile, or disassemble the App, or attempt to derive its source code, except to the extent this restriction is prohibited by applicable law;
• circumvent, disable, or interfere with the App’s purchase, entitlement, or security features;
• use the App to harass, harm, or infringe the rights of others; or
• use any automated means to access, scrape, or extract data from the App.

5. Your Content

As between you and Quiet Bit LLC, you own everything you create in the App (your “Content”). You are responsible for your Content and for how you use the App. Because your Content remains on your device and in your own iCloud, Quiet Bit LLC does not access it and claims no ownership of it. You grant Quiet Bit LLC only the limited permissions, if any, required for the App to function on your device.

6. Loam Plus and what “lifetime” means

6.1 Generally. Loam Plus is an optional, one-time “Lifetime Purchase” that unlocks the Loam Plus features. Payment is made through, and charged to your Apple ID by, Apple under the App Store’s terms. Quiet Bit LLC does not process payments or issue refunds directly.

6.2 What “Lifetime” means. A Lifetime Purchase gives you access to Loam Plus features, including features we later add to Loam Plus, for as long as Quiet Bit LLC continues to offer the App on the App Store. “Lifetime” refers to the lifetime of the App, not a promise that the App will exist indefinitely, and not the lifetime of the purchaser. Quiet Bit LLC may change, add, remove, suspend, or discontinue the App or any feature at any time and for any reason, and may stop developing or supporting the App entirely. If we discontinue the App, a Lifetime Purchase does not entitle you to a refund, except where a refund is required by the App Store’s policies or by applicable law.

6.3 Restore. You can restore an eligible prior purchase at any time using “Restore Purchases” in the App.

6.4 Refunds. All refunds are handled by Apple under the App Store’s policies.

7. Intellectual property

The App, including its software, design, text, graphics, and the “Loam” and “Quiet Bit LLC” names and logos, is owned by Quiet Bit LLC or its licensors and is protected by intellectual-property laws. Educational material in the App is drawn from published sources, paraphrased in plain language and attributed where appropriate, and is provided for general education only. Except for the license granted in Section 3, these Terms grant you no rights in any Quiet Bit LLC intellectual property.

8. Feedback

If you send us feedback, ideas, or suggestions about the App, you grant Quiet Bit LLC a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose, without obligation or compensation to you.

9. The App Store and Apple

9.1 These Terms are between you and Quiet Bit LLC only, and not with Apple Inc. (“Apple”). Your use of the App must also comply with the App Store Terms of Service, including the Usage Rules, and Apple’s standard Licensed Application End User License Agreement (the “Apple EULA”). If these Terms conflict with the Apple EULA, the Apple EULA governs as between you and Apple, to the extent of that conflict.

9.2 Apple has no obligation to provide any maintenance or support for the App. Quiet Bit LLC, not Apple, is solely responsible for the App and its content.

9.3 To the maximum extent permitted by law, Apple provides no warranty for the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.

9.4 Quiet Bit LLC, not Apple, is responsible for addressing any claims relating to the App, including: (a) product-liability claims; (b) any claim that the App fails to conform to a legal or regulatory requirement; (c) claims arising under consumer-protection, privacy, or similar law; and (d) third-party claims that the App, or your possession or use of it, infringes that party’s intellectual-property rights.

9.5 You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or designated as a “terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

9.6 Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You must also comply with any applicable third-party terms when using the App.

10. Term and termination

These Terms apply for as long as you use the App. The license in Section 3 terminates automatically if you breach these Terms, and Quiet Bit LLC may suspend or terminate your access to the extent it is able to do so consistent with the App Store. You may stop using the App at any time and delete it. Provisions that by their nature should survive termination, including Sections 2, 5, 7, 8, and 11 through 16, survive.

11. Disclaimers

THE APP 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, TO THE FULLEST EXTENT PERMITTED BY LAW. QUIET BIT LLC DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME, THAT IT WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL PRODUCE ANY PARTICULAR RESULT. YOU ACKNOWLEDGE THAT THE APP IS A SELF-HELP WELLNESS TOOL, NOT A SOURCE OF PROFESSIONAL ADVICE, AND THAT ANY RELIANCE YOU PLACE ON IT IS AT YOUR OWN RISK.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, QUIET BIT LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, AND CONTRIBUTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, QUIET BIT LLC IS NOT LIABLE FOR ANY DECISION YOU MAKE, ANY ACTION YOU TAKE OR CHOOSE NOT TO TAKE, OR ANY OUTCOME YOU EXPERIENCE BASED ON YOUR USE OF THE APP, INCLUDING ANY RELIANCE ON THE APP IN PLACE OF PROFESSIONAL CARE.

TO THE FULLEST EXTENT PERMITTED BY LAW, QUIET BIT LLC’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE MONTHS BEFORE THE CLAIM OR TWENTY U.S. DOLLARS ($20).

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you. Nothing in these Terms limits any liability that cannot be limited under applicable law.

13. Indemnification

You will indemnify and hold harmless Quiet Bit LLC and its owners, officers, employees, and contributors from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of your misuse of the App, or your violation of these Terms or of applicable law.

14. Dispute resolution; arbitration; class-action waiver

14.1 Informal resolution first. Before starting any formal proceeding, you and Quiet Bit LLC agree to first try to resolve the dispute informally. Send written notice describing the dispute to the other party (to Quiet Bit LLC at support@quietbit.co) and allow 60 days to resolve it.

14.2 Binding individual arbitration. If the dispute is not resolved within 60 days, you and Quiet Bit LLC agree to resolve any dispute arising out of or relating to the App or these Terms through binding, individual arbitration administered by the American Arbitration Association (AAA) under its then-current consumer arbitration rules, rather than in court, except as provided in Section 14.4. The arbitration will take place in Travis County, Texas, or by telephone or video, or as the applicable rules otherwise provide. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs this Section.

14.3 Class-action and jury-trial waiver. YOU AND QUIET BIT LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND QUIET BIT LLC EACH WAIVE ANY RIGHT TO A JURY TRIAL.

14.4 Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to protect its intellectual property or confidential information.

14.5 Opt-out. You may opt out of this Section 14 by emailing support@quietbit.co within 30 days after you first accept these Terms, stating your name and your intent to opt out. Opting out will not affect any other part of these Terms.

14.6 Effect if the waiver is unenforceable. If the class-action waiver in Section 14.3 is found unenforceable as to a particular claim, that claim, and only that claim, will proceed in court rather than in arbitration; the remainder of this Section 14 will continue to apply to all other claims.

15. Governing law and venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to Section 14, the state and federal courts located in Travis County, Texas will have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to their jurisdiction and venue. Nothing in these Terms affects mandatory consumer-protection rights you may have where you live.

16. General

16.1 Changes. We may update these Terms from time to time. When we do, we will post the updated version with a new effective date and surface material changes in the App. Changes are not retroactive. By continuing to use the App after an update takes effect, you agree to the updated Terms.

16.2 Assignment. You may not assign or transfer these Terms. Quiet Bit LLC may assign or transfer them, including in connection with a merger, acquisition, financing, or sale of assets.

16.3 Severability and waiver. If any provision of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it.

16.4 Entire agreement. These Terms, together with the Privacy Policy and any applicable Apple terms, are the entire agreement between you and Quiet Bit LLC regarding the App.

16.5 Notices and headings. We may provide notices to you through the App or the App Store. Headings are for convenience only and do not affect interpretation.

17. Contact

Questions about these Terms? Write to us at support@quietbit.co.