Terms of service

These terms are an agreement between you and Everseed Ventures, based in Calgary, Alberta, Canada (“we”, “us”), for using PAU: the app, the website, and the meditations, sounds and other content in them (together, “PAU”).

By creating an account or using PAU, you agree to these terms, our health and AI notice, and any terms shown when you buy a subscription. Our privacy policy explains how we handle your data. If you don't agree, please don't use PAU.

You must be at least 18, or the age of majority where you live if that's higher, and able to make a binding agreement. PAU is for your personal, non-commercial use. You can't use PAU if the law, or a previous ban from us, doesn't allow it.

PAU offers guided meditation, breathing and relaxing sounds for general wellbeing. It is not medical or mental health care. It doesn't diagnose, treat, cure or prevent any condition, it isn't a medical device, and nothing in it is professional advice. Using PAU creates no doctor–patient or therapist–client relationship.

PAU isn't monitored and can't help in an emergency. If you're in crisis or in danger, call your local emergency number (911 in Canada and the US) right away, or call or text 9-8-8 in Canada or 988 in the US. More resources are in our health and AI notice.

Check with a doctor before using PAU if you have concerns about your health. Never use it while driving or doing anything that needs your full attention. You use PAU voluntarily and at your own risk, and you're responsible for your own health and safety while you do.

Your personal meditations are generated by artificial intelligence from what you share, and read by synthetic AI voices that aren't real people. No person writes or checks them before you hear them.

AI output can be inaccurate, incomplete, repetitive, unsuitable for you, or say something unexpected or upsetting. Generated meditations are offered for relaxation only. Don't rely on them as advice or as a statement of fact, and use your own judgment about whether to follow any suggestion. Two people sharing the same thing may get different meditations, and the same person may get a different one each time.

You can use the meditations generated for you for your own personal use. Because they're made by AI, we can't promise they're unique or that anyone owns them. If one says something harmful, stop it and tell us at team@everseedventures.com.

You sign in with a code we email you, so keep access to your email secure. Give us accurate information, and keep your account to yourself: you're responsible for what happens under it. Tell us right away at team@everseedventures.com if you think someone else has used it.

What you write in PAU, like check-ins and reflections, stays yours. You give us a worldwide, non-exclusive, royalty-free licence to store, process and use it, and to send it to our service providers, only to run PAU for you, keep it safe, and improve it as our privacy policy describes. This licence ends when your content is deleted, except for copies in backups until they roll off.

Only share what you're allowed to share. Don't include other people's personal information, and avoid sharing details you'd rather keep private, such as medical information.

Please don't:

• copy, sell, share, broadcast or redistribute PAU or its content, or use it for commercial purposes,
• use PAU to create content that is illegal, hateful, harassing, sexual, violent, or that infringes anyone's rights,
• try to make PAU's AI produce harmful content, reveal its instructions, or get around its limits or safety measures,
• access PAU by automated means (bots, scrapers), overload it, or get around usage limits,
• use PAU's content or output to build or train another AI model or competing service,
• reverse engineer, decompile or tamper with PAU, except where the law allows it,
• access accounts, systems or data that aren't yours, or break any law.

We may limit how many meditations you can make in a day to keep PAU working well for everyone.

PAU Plus is our paid subscription. With it, PAU makes meditations for you from how your day went (a feeling or your own words), up to a daily limit; your first one is free for everyone, and the library of ready-made meditations and every sound stay free without it. It's sold in the app through the App Store, yearly (with a free trial) or monthly. The price, length and what's included are shown before you pay, and these rules apply:

• It renews automatically. You're charged at the start of each period (for example monthly or yearly) at the price shown, until you cancel.
• Free trials turn into a paid subscription at the end of the trial, unless you cancel at least 24 hours before it ends. We'll tell you the trial length and the price before you start.
• Cancel anytime. If you bought through the App Store or Google Play, cancel in your store account settings. If you bought on our website, cancel from the link in your receipt or by writing to us. Cancelling stops the next renewal, and you keep access until the end of the period you've paid for. Deleting the app or your account doesn't cancel a store subscription.
• Refunds. Purchases through the App Store or Google Play follow Apple's or Google's refund rules, so ask them. For website purchases, payments aren't refundable, including for partly used periods, except where the law gives you a right to one.
• Price changes. We'll tell you before a new price applies to you, and you can cancel before it does.
• Taxes are added where the law requires it.

If you live in the EU or the UK, you may have 14 days to withdraw from a purchase. For digital content and services that start right away, you may lose that right, or pay for what you used, if you asked us to start straight away and acknowledged this when you bought. Nothing here limits the rights consumer law gives you where you live.

PAU, its name, logo, the Muse and other characters, the library meditations, sounds, music, artwork, software and design belong to us or our licensors and are protected by law. While you follow these terms, we give you a personal, limited, non-exclusive, non-transferable, revocable licence to use PAU for your own wellbeing. Everything else is reserved.

If you send us ideas or feedback, we can use them freely without paying you. If you think something in PAU infringes your copyright, write to team@everseedventures.com with the details.

PAU relies on services run by others, like app stores, payment providers and AI models, and may link to other websites. Their own terms apply to them, and we aren't responsible for them.

If you downloaded PAU from the Apple App Store or Google Play, these terms are between you and us, not Apple or Google. We alone are responsible for PAU and its content. You may use the app only on devices you own or control, as the store's rules allow (for the App Store, its Usage Rules, on Apple-branded devices).

For apps from the Apple App Store:

• Apple has no obligation to provide maintenance or support for PAU.
• If PAU fails to meet a warranty that applies, you can tell Apple, and Apple will refund the purchase price, if any. Apple has no other warranty obligation for PAU.
• We, not Apple, are responsible for any claims about PAU, including product liability, legal or regulatory compliance, consumer protection and intellectual property claims.
• If anyone claims PAU or your use of it infringes their intellectual property, we, not Apple, are responsible for investigating, defending, settling and discharging that claim.
• You must comply with any third-party terms that apply when you use PAU, such as your mobile carrier's.
• You confirm you aren't in a country under a US government embargo or designated as supporting terrorism, and aren't on a US government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

We're always improving PAU, so features, voices, sounds and content may change or be removed. We try to keep PAU available but can't promise it will never be interrupted or free of errors. If we stop offering PAU, we'll give you reasonable notice and, for a subscription bought from us, refund the unused part.

To the fullest extent the law allows, PAU is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and that PAU will be uninterrupted, secure or error-free. We don't promise that PAU or any generated meditation will improve your wellbeing, mood, sleep or health, or meet your needs.

If you live in Quebec, the exclusions and limits below don't apply to you to the extent the Consumer Protection Act prohibits them.

To the fullest extent the law allows, Everseed Ventures and its owners, employees, contractors and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, data, goodwill or wellbeing, arising from or related to PAU, generated content, or these terms, even if we were told they were possible. Our total liability for all claims is limited to the greater of the amount you paid us for PAU in the 12 months before the claim, or 100 Canadian dollars.

Some places don't allow these limits, so they may not apply to you. Nothing in these terms limits liability for death or personal injury caused by our negligence, for fraud, for gross negligence or wilful misconduct, or any other liability or consumer right that the law doesn't allow to be limited. If you live in Quebec, the EU or the UK, these limits only apply as far as your local law allows.

To the extent the law allows, you agree to cover our reasonable costs and losses, including legal fees, from a claim by someone else that arises from your breaking these terms or the law, or from content you shared that infringes their rights.

You can stop using PAU and delete your account at any time. We may suspend or close your account if you break these terms, if the law requires it, or to protect PAU or other people. We'll tell you why unless that's unlawful or unsafe, and give notice where we reasonably can. Sections that by their nature should survive, like ownership, disclaimers, limits on liability and disputes, continue after this agreement ends.

We may update these terms. If a change matters, we'll tell you in the app or by email at least 30 days before it applies, unless it's needed sooner for legal or safety reasons. If you don't agree, you can stop using PAU and cancel before the change applies. If you keep using PAU after that, the new terms apply. Changes don't apply to disputes that started before them. If you live in Quebec, we'll send you every change in writing at least 30 days before it applies, showing the new and old wording and the date, and you can refuse it by cancelling at no cost.

These terms are governed by the laws of the Province of Alberta and the federal laws of Canada that apply there, and, except as section 19 says, disputes go to the courts in Calgary, Alberta. If you're a consumer, you also keep the protection of the mandatory laws of the place where you live, and you can bring a claim in your local courts where those laws give you that right. If you live in Quebec, Quebec law and courts apply to the extent Quebec law requires.

This section only applies if you live in the United States. Before starting a claim, please write to us at team@everseedventures.com and give us 60 days to try to resolve it informally. Limitation periods are paused during those 60 days.

Arbitration. If we can't resolve it, you and we agree that any dispute about PAU or these terms will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, instead of in court. The arbitration can happen online, by phone or in your home county, and we'll pay the fees the rules require businesses to pay. The Federal Arbitration Act governs this section.

No class actions. You and we may only bring claims individually, not as a plaintiff or class member in a class, collective or representative action, and there are no jury trials. If 25 or more similar claims are filed by the same or coordinated lawyers, the AAA's Mass Arbitration Supplementary Rules apply.

If a court decides that the law prevents a particular claim or request for relief (such as public injunctive relief) from being arbitrated on an individual basis, that claim or request goes to court after the individual claims are arbitrated, and the rest of this section still applies.

Exceptions. Either of us may bring an individual claim in small claims court, or ask a court to stop the infringement or misuse of intellectual property.

Opting out. You can opt out of arbitration by emailing team@everseedventures.com within 30 days of first accepting these terms, with your name and the email address on your account. If you opt out, or if this section is found unenforceable, disputes go to court as section 18 says, and the class action waiver still applies to the extent the law allows.

• These terms, with the documents they mention, are the whole agreement between you and us about PAU.
• If part of these terms can't be enforced, the rest still applies.
• If we don't enforce a right right away, we haven't given it up.
• You can't transfer this agreement. We can transfer it to a company that takes over PAU, and your rights won't be reduced.
• We aren't responsible for delays or failures caused by events outside our reasonable control.
• The “short version” summaries on our legal pages are there to help you read them. If a summary and the full text differ, the full text applies.
• If we translate these terms, the English version applies where the law allows.

Everseed Ventures, Calgary, Alberta, Canada. Email: team@everseedventures.com.