Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Pathfinder Labs ("Company," "we," "us," or "our") regarding your use of the NoSleepMode website, applications, and services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

NoSleepMode is a tool that prevents your computer screen from dimming or entering sleep mode. The Service is provided in the following forms:

• Web Application: A browser-based tool available at nosleepmode.com
• Native Applications: Desktop applications for Windows and macOS
• Browser Extensions: Extensions for Chrome, Firefox, and other browsers

The Service is available in two tiers:

• Free Version: Basic wake lock functionality with no cost
• Pro Version: Advanced features for a one-time payment

3. User Accounts and Licenses

3.1 Free Version

The free version of NoSleepMode does not require an account or registration. You may use the free version for personal or commercial purposes without restriction.

3.2 Pro Version

NoSleepMode Pro requires a license key obtained through purchase. By purchasing a Pro license, you agree to the following:

• Each license permits activation on up to five (5) devices
• Licenses are non-transferable and may not be resold
• License keys are for your personal or organizational use only
• Sharing license keys publicly or with unauthorized parties is prohibited

3.3 License Key Security

You are responsible for maintaining the confidentiality of your license key. Any activities that occur using your license key are your responsibility. If you believe your license key has been compromised, please contact us immediately.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service in any way that violates applicable laws or regulations
• Attempt to reverse engineer, decompile, or disassemble the Service
• Circumvent or attempt to circumvent license validation mechanisms
• Use automated systems to access the Service in a manner that sends more requests than a human could reasonably make
• Interfere with or disrupt the Service or servers connected to the Service
• Attempt to gain unauthorized access to any part of the Service
• Use the Service to distribute malware or other harmful code
• Resell, redistribute, or sublicense the Service without written permission

5. Intellectual Property

5.1 Our Rights

The Service, including its original content, features, and functionality, is owned by Pathfinder Labs and is protected by international copyright, trademark, and other intellectual property laws.

5.2 Trademarks

"NoSleepMode" and the NoSleepMode logo are trademarks of Pathfinder Labs. You may not use these trademarks without our prior written consent.

6. Payment and Refunds

6.1 Pricing

NoSleepMode Pro is available for a one-time payment as displayed on our pricing page. Prices are subject to change, but changes will not affect existing purchases.

6.2 Payment Processing

Payments are processed by Stripe, a third-party payment processor. By making a purchase, you agree to Stripe's terms of service. We do not store your credit card information.

6.3 Refund Policy

We offer a 30-day money-back guarantee for NoSleepMode Pro. If you're not satisfied with your purchase, contact us within 30 days of purchase for a full refund. After 30 days, refunds are provided at our discretion.

7. Disclaimers

7.1 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 No Guarantee

We do not warrant that:

• The Service will function uninterrupted or error-free
• The Service will be compatible with all devices or browsers
• The wake lock will work in all circumstances (some devices or system settings may override it)
• The Service will meet your specific requirements

7.3 Third-Party Services

The Service may integrate with third-party services. We are not responsible for the availability, accuracy, or content of these external services.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PATHFINDER LABS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, or other harmful code that may be transmitted through the Service
• Any content or conduct of any third party on the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY DOLLARS ($50), WHICHEVER IS GREATER.

9. Indemnification

You agree to indemnify, defend, and hold harmless Pathfinder Labs and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another.

10. Termination

10.1 By You

You may stop using the Service at any time. For Pro users, your license remains valid even if you stop using the Service, but no refund will be provided for unused time.

10.2 By Us

We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

10.3 Effect of Termination

All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through the Service or by other means. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of these Terms shall be brought exclusively in the courts located in San Francisco County, California.

13. Dispute Resolution

Any dispute arising from these Terms or your use of the Service shall first be attempted to be resolved through good-faith negotiations. If negotiations fail, you agree to submit to binding arbitration in San Francisco, California, under the rules of the American Arbitration Association.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pathfinder Labs regarding the Service and supersede all prior agreements and understandings.

16. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Pathfinder Labs.

17. Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights under these Terms without restriction.