Terms of Service and Privacy Policy

Terms of Service

1. Acceptance of Terms

By downloading, installing, or using the Pausality mobile application ("the App"), you agree to these Terms of Service and Privacy Policy. If you disagree with any part of these terms, please do not use the App. The App is provided by Somnistics Research Labs, Inc. ("Somnistics," "we," "us," or "our"), a Delaware corporation with principal operations in Washington State.

2. Service Description

The Pausality App provides evidence-based breathing techniques specifically designed for medical professionals to manage acute stress responses. During our initial launch phase, we are focusing on product validation and optimization with select users in Washington State. Features include:

• One-minute protocols optimized for high-stress healthcare environments
• Real-time biometric monitoring including heart rate and HRV
• Integration with Apple HealthKit
• Scientifically validated stress management techniques developed by Somnistics Research Labs
• Guided audio content and meditation sessions using proprietary scripts and professionally generated audio

3. Content and Intellectual Property

Audio Content and Third-Party Services

• The App contains guided meditation and breathing exercise audio content generated using commercially licensed text-to-speech and voice synthesis services, including but not limited to ElevenLabs' voice generation technology.
• All audio content is created from our original meditation scripts, breathing protocols, and instructional content developed by Somnistics Research Labs.
• We maintain valid commercial licenses for all third-party audio generation services used in the creation of our content, authorizing commercial use and distribution.
• Neither we nor the third-party service providers make any claim of ownership to the original meditation scripts and content created by Somnistics Research Labs.

Ownership and Rights

• All content, features, and functionality of the App, including proprietary breathing protocols, algorithms, original scripts, and generated audio, are owned by Somnistics Research Labs, Inc., and protected by international copyright, trademark, and other intellectual property laws.
• "Somnistics," "Pausality," and related marks are trademarks of Somnistics Research Labs, Inc.
• We reserve all rights in and to the App and its content not expressly granted herein.

4. Beta Testing Program

During initial deployment, the App will be released to select users as part of our beta testing program. Beta participants:

• Will be primarily Washington State healthcare professionals
• May receive early access to new features
• Will have the opportunity to provide feedback on App performance
• Will help validate the MVP (Minimum Viable Product) functionality
• May experience periodic updates and optimization changes

5. Scientific Validation and Disclaimer

Somnistics' protocols are based on peer-reviewed research in stress management and autonomic nervous system regulation. During the beta testing phase:

• We will collect anonymized performance and usage data
• User feedback will help optimize the stress management protocols
• Aggregate data will support validation of effectiveness
• Individual results may vary
• The App is a tool for personal stress management and is not intended to diagnose, treat, cure, or prevent any disease

6. User Eligibility and Professional Use

• Users must be at least 18 years old
• Professional credentials may be requested for certain features
• You are responsible for maintaining the confidentiality of your account
• The App is designed for personal stress management use only

7. Biometric Data and Apple HealthKit Integration

• The App interfaces with device sensors and Apple HealthKit to collect heart rate and HRV data
• Integration follows Apple's guidelines and HealthKit requirements
• Users maintain control over health data sharing permissions
• Biometric data accuracy depends on proper sensor use and environmental conditions

8. Professional Liability

Users acknowledge that:

• The App is a supplementary tool for stress management
• It should not replace established protocols or emergency procedures
• Users maintain full responsibility for their professional duties and decisions
• Somnistics Research Labs, Inc. is not liable for any professional decisions made while using the App

9. Changes to Terms

We reserve the right to modify these terms at any time. We will notify users of any material changes via the App or email.

10. Termination

We may terminate or suspend access immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

11. Legal Jurisdiction and Venue

• These Terms of Service are governed by Delaware law with respect to corporate matters
• Operational and privacy matters are governed by Washington State law
• Any disputes shall be resolved in:
  • Delaware courts for corporate governance matters
  • Washington State courts for operational, privacy, and user-related matters

Privacy Policy

1. Information We Collect

Professional Information

• Professional credentials and specialization
• Workplace environment type
• Emergency contact information
• Professional preferences and settings

Biometric Data

• Heart rate measurements
• Heart Rate Variability (HRV) data
• Breathing patterns and session data
• Performance metrics and trends

Device and Usage Data

• Device model and sensors
• Operating system and permissions
• App usage patterns
• Integration settings with HealthKit

Product Validation Data

• Usage patterns and feature interaction
• Performance metrics and feedback
• Beta test participation records
• Anonymous stress response measurements
• Product optimization data

2. How We Use Your Information and Data Assets

Direct User Services

• To provide real-time biometric monitoring
• To generate personal performance insights and trends
• To customize protocols based on your stress patterns
• To maintain technical functionality and security
• To validate effectiveness and optimize performance

Data Storage and Security

• HIPAA-compliant data storage and transmission
• End-to-end encryption for all biometric data
• Local processing of sensitive information
• Secure cloud backup options
• Regular security audits and updates
• Compliance with Washington State data protection requirements
• Enhanced data protection during beta testing phase

3. Product Validation Data Management

• Separate data storage for beta test participants
• Enhanced security for user feedback and performance data
• Regular assessment of product optimization metrics
• Strict privacy controls for all validation data
• Clear data retention and deletion policies

4. Integration with Apple HealthKit

• Compliance with Apple's HealthKit guidelines
• Separate permissions for reading and writing health data
• User control over data sharing
• Transparent data flow between systems

5. Data Sharing and Intellectual Property

Data Sharing Principles

Somnistics Research Labs, Inc. does not sell personal or biometric information. Data may be shared:

• With explicit user consent
• In de-identified, aggregated form for product improvement
• To comply with legal obligations
• With development partners under strict privacy controls

Intellectual Property and Data Assets

Users acknowledge and agree that:

• All anonymized and aggregated data assets are the exclusive property of Somnistics Research Labs, Inc.
• The company retains all rights to patterns, insights, and analytics derived from anonymized user data
• Aggregated behavioral patterns and performance metrics constitute valuable trade secrets
• De-identified data may be used to develop new features, products, or services
• Anonymous usage patterns may inform scientific validation and research

Strategic Data Usage

The company maintains the right to:

• Create and maintain valuable data assets from anonymized user data
• Develop predictive models and pattern recognition systems
• Use de-identified data for product development and optimization
• Apply anonymized insights to future innovations
• Leverage aggregated data assets for business development

All such usage will:

• Maintain strict user privacy protection
• Follow robust anonymization protocols
• Adhere to all applicable privacy laws
• Protect individual user confidentiality
• Support continuous product improvement

6. Your Rights and Control

You have the right to:

• Access and export your biometric data
• Control HealthKit integration permissions
• Request deletion of personal and biometric data
• Opt-out of beta testing
• Receive explanation of data usage

7. Research and Product Development

• Ongoing product validation in Washington State
• User feedback integration and analysis
• Performance optimization studies
• Anonymous data collection for product improvement
• Regular effectiveness assessment

8. Corporate Structure and Contact Information

Somnistics Research Labs, Inc. is:

• Incorporated in Delaware (File Number: 7687874)
• Primarily operating in Washington State
• Committed to user privacy and data protection

9. Regulatory Compliance

We comply with:

• Delaware General Corporation Law
• Washington State Healthcare Privacy Laws
• Washington State Consumer Protection Act
• HIPAA and federal regulations
• Apple HealthKit guidelines
• Beta testing privacy standards

10. Changes to Privacy Policy

We may update this Privacy Policy periodically. We will notify you of any material changes through the App or via email.

11. Multi-Jurisdictional Compliance

This App complies with:

• Delaware corporate governance requirements
• Washington State privacy laws
• Federal and state data protection standards
• Industry standard beta testing practices
• Healthcare data security requirements