User Consent and Release Agreement

Effective Date: October 1, 2025

Please read this User Consent and Release Agreement (“Agreement”) carefully before using the Spatial Sleep™ mobile application and any associated devices, services, or content (collectively, the “App”). By accessing or using the App, you (“User”) acknowledge that you have read, understood, and agreed to the following terms and conditions. If you do not agree, you may not use the App.

1. Wellness and Informational Use Only

The App, including all content, features, acoustic resonance exercises, breathing techniques, and physical exercises, is intended for general wellness, relaxation, and educational purposes only.
The App is not cleared or approved by the U.S. Food and Drug Administration (FDA) for the diagnosis, treatment, cure, or prevention of any medical condition, disease, or disorder.
The App is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the guidance of a physician or other qualified healthcare provider with any questions you may have regarding a medical condition.

2. Voluntary Participation and Assumption of Risk

By using the App, you acknowledge and agree that all breathing, acoustic, and physical exercises are performed voluntarily and at your own risk.
You understand that participation may involve certain risks, including but not limited to shortness of breath, dizziness, fatigue, or musculoskeletal discomfort.
You are solely responsible for ensuring that you are physically able to participate and for consulting your healthcare provider before beginning any new wellness or exercise regimen.

3. User Responsibilities

You agree not to use the App while operating heavy machinery, driving, or in situations requiring full attention and alertness.
You agree to use the App only as directed and not to modify, misuse, or reverse engineer any software, device, or protocol associated with the App.

4. Disclaimer of Warranties

The App is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied.
Spatial Sleep and its affiliates disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
No oral or written advice or information given by Spatial Sleep shall create any warranty.

5. Limitation of Liability

To the fullest extent permitted by law, Spatial Sleep, its affiliates, officers, employees, agents, contractors, and licensors shall not be liable for any injury, loss, claim, damage, or any indirect, incidental, consequential, or punitive damages of any kind arising out of or related to your use of the App.
In no event shall Spatial Sleep’s total liability exceed the amount you paid (if any) to access or use the App in the twelve (12) months preceding the claim.

6. Indemnification

You agree to indemnify, defend, and hold harmless Spatial Sleep, its affiliates, officers, employees, contractors, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your use of the App, violation of this Agreement, or infringement of any third-party rights.

7. Medical Emergencies

If you experience fainting, severe discomfort, chest pain, shortness of breath, or any other concerning symptoms while using the App, stop immediately and seek emergency medical attention.

8. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes shall be resolved through binding arbitration in California, except where prohibited by law.

9. Acknowledgment and Acceptance

By tapping on “I Agree” in the App or by using the App, you acknowledge that you have read, understood, and voluntarily accept this Agreement, including the assumption of risks and the release of liability described herein.