1. Acceptance of Terms
By downloading, installing, or using Lotus ("Service"), you agree to be bound by these Terms. If you do not agree, do not use the Service.
2. Description of Service
Lotus is a personal digital‑wellness application providing:
- Mindful screen‑time management & app blocking
- Reflection & journaling tools
- Habit tracking & goal setting
- Wellness activities and games
The Service is for personal, non‑commercial use only.
3. User Accounts and Responsibilities
- Maintain the security of your device and data
- Provide accurate information when configuring the app
- You are responsible for all activity through your use of the Service
- Notify us immediately of any unauthorized use
4. Screen‑Time Management & App Blocking
- Blocking relies on Apple's FamilyControls API and is not fool‑proof
- Users can circumvent blocking via Settings, device restarts, etc.
- iOS updates may disable or degrade blocking features
- Blocking is a tool, not a guarantee of results
Disclaimer – Functionality may change, degrade, or cease with future iOS/device updates.
5. Health & Wellness Disclaimers
Lotus is not a medical device or therapy. Results vary and no outcome is guaranteed. Notifications and in‑app messages are motivational prompts, not medical or psychological advice.
6. Subscriptions & Payments
- Premium features require an auto‑renewing subscription via Apple In‑App Purchase
- Billing is handled entirely by Apple; refunds follow Apple policy
- We may issue promotional or lifetime codes via Apple infrastructure (non‑transferable)
- "Lifetime" access means the longer of (a) the natural life of the code holder or (b) five (5) years from redemption, unless the Service is discontinued. We may withdraw lifetime features if OS changes make them technically infeasible; a pro‑rated refund will be offered for any remaining portion of the five‑year term.
- Prices and terms may change; notice provided in‑app
7. Data & Privacy
- Personal content remains on‑device/iCloud unless you export or share it
- We do not analyze or sell your data
- See Privacy Policy for full details
8. Acceptable Use
You agree not to:
- Use the Service for unlawful purposes
- Reverse‑engineer or tamper with the app
- Circumvent blocking to harm yourself or others
- Interfere with the Service or servers
9. Intellectual Property
- Lotus and all related content are owned by Fuyu Labs LLC
- You receive a non‑exclusive, non‑transferable license for personal use
- The Service does not currently host user‑generated content; if cloud storage is added, we will publish a DMCA policy and designate an agent.
9A. NO WARRANTIES (AS‑IS)
THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
10. Limitation of Liability
To the maximum extent permitted by law, our total liability shall not exceed the greater of (i) amounts you paid us in the past 12 months or (ii) USD $100.
11. Indemnification
You agree to indemnify Fuyu Labs LLC against claims arising from your misuse of the Service or violation of these Terms.
12. Termination
You may stop using Lotus at any time by deleting the app. We may suspend or terminate access for violations.
13. Dispute Resolution — Binding Arbitration; Small‑Claims Exception
Individual Arbitration
Any dispute shall be resolved by binding arbitration before a single arbitrator of the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.
Small‑Claims Court
Either party may instead bring an individual action in small‑claims court in your county of residence or Santa Clara County, California, if the claim is within that court's jurisdiction.
Fees
Fuyu Labs LLC will advance AAA filing and arbitrator fees up to USD $5,000; the arbitrator may re‑allocate fees after ruling.
30‑Day Opt‑Out
You may opt out of arbitration by emailing synclively@gmail.com and mailing a signed letter to the address in §18 within 30 days of first download. Your letter must state that you wish to opt out of arbitration and include your name and Apple ID email. If you opt out, the rest of these Terms still apply.
14. Governing Law
These Terms are governed by the laws of California, USA, except that mandatory consumer protections of your country of residence still apply.
15. Changes to Terms
We may modify these Terms; material changes will be announced in‑app or by email. Continued use constitutes acceptance.
16. Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control (e.g., natural disasters, war, outages).
17. Accessibility Commitment
Fuyu Labs LLC strives for WCAG 2.1 AA compliance. If you encounter an accessibility barrier, email synclively@gmail.com so we can improve.
18. Contact Information
Fuyu Labs LLC
Email: synclively@gmail.com
Legal notices: synclively@gmail.com
We aim to respond within 90 days, though complex matters may take longer.
19. Jurisdiction‑Specific Addenda
The Service is primarily offered in the United States, Canada, Australia, and the United Kingdom / Republic of Ireland, though it may be available in additional territories through app store distribution.
IMPORTANT: The regional clauses below are for planning purposes only and create no current legal obligations until Lotus is officially launched in the respective territory. Upon launch in any territory, the relevant clause will supplement and, where inconsistent, supersede the main Terms for users in that territory only.
19‑EU/UK – European Economic Area & United Kingdom
- Pending official launch. Upon launch we will designate a GDPR Art 27 representative.
- Consumers retain mandatory withdrawal / cooling‑off rights under EU/UK law; nothing in §13 arbitration limits those statutory rights.
19‑BR – Brazil
Pending official launch. On launch this clause reads: "Brazilian consumers may cancel digital content within 7 days of purchase per Art. 49 of the Consumer Defence Code."
19‑JP – Japan
Pending official launch. On launch, this clause satisfies the Act on Specified Commercial Transactions: "Seller: Fuyu Labs LLC • Designated Sales Manager: [Name] • Address/Phone: [Address/Phone] • Price: Displayed on App Store • Payment timing: At purchase • Delivery timing: Immediate download • Returns: Digital goods—no returns except defects."
19‑AU – Australia
Pending official launch. On launch this clause reads: "Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law."