Terms and Conditions for Motion Sickness Relief iPhone Application

Effective Date: April 30, 2025

1. Introduction and Agreement to Terms

These Terms and Conditions (“Terms”) govern your use of the Motion Sickness Relief iPhone application (the “App”) provided by Junk Boss Inc. (“We,” “Us,” or “Our”). By downloading, installing, accessing, or using the App, you (“User,” “You”) agree to be bound by these Terms and the Apple Media Services Terms and Conditions, including Apple’s Usage Rules. If you do not agree to these Terms, do not use the App. These Terms are accessible within the App’s settings menu.

If you are using the App on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Definitions

3. Use of the App

You agree to use the App only for lawful purposes, in accordance with these Terms, and in compliance with the Apple Media Services Terms and Conditions, including Apple’s Usage Rules. You shall not:

4. Services and Content

The App provides features intended to help relieve motion sickness based on research suggesting that a 100Hz tone may be effective for some users. We do not guarantee that the App will prevent or relieve motion sickness for all users, as effectiveness varies by individual.

If you purchase the App or any in-app content, payments are processed through Apple’s In-App Purchase system. Refunds, if applicable, are subject to Apple’s refund policies and processes, available through the App Store. To request a refund, contact Apple Support directly via your App Store account.

The information and features provided in the App are for informational purposes only and are not intended as a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider for medical concerns.

5. Intellectual Property

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Junk Boss Inc., its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial use only on an iPhone or other Apple device that you own or control, as permitted by these Terms and the Apple Media Services Terms and Conditions. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the App, except as expressly permitted by these Terms.

6. Disclaimer of Warranties

THE APP AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR EFFECTIVENESS OF THE APP OR ITS CONTENT, INCLUDING ITS ABILITY TO PREVENT OR RELIEVE MOTION SICKNESS.

YOU ACKNOWLEDGE THAT APPLE HAS NO WARRANTY OBLIGATIONS WITH RESPECT TO THE APP. THE APP IS NOT INTENDED AS MEDICAL ADVICE OR A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE SERVICES.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JUNK BOSS INC., ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP OR ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO US FOR THE APP.

YOU ACKNOWLEDGE THAT APPLE IS NOT RESPONSIBLE FOR ANY CLAIMS, LOSSES, DAMAGES, OR EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO THE APP, INCLUDING: (I) PRODUCT LIABILITY CLAIMS; (II) CLAIMS THAT THE APP FAILS TO CONFORM TO LEGAL OR REGULATORY REQUIREMENTS; OR (III) CLAIMS UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.

8. Indemnification

You agree to defend, indemnify, and hold harmless Junk Boss Inc., its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the App in a manner not expressly authorized by these Terms.

9. Links to Third-Party Websites or Services

The App may contain links to third-party websites or services not owned or controlled by Us. We are not responsible for the content, privacy policies, or practices of such third-party websites or services. You acknowledge that We shall not be liable for any damage or loss caused by your use of or reliance on any third-party content, goods, or services. We encourage you to review the terms and privacy policies of any third-party websites or services you visit.

10. Apple-Specific Provisions

You acknowledge that:

11. Governing Law and Dispute Resolution

These Terms and your use of the App are governed by the laws of the State of Florida, without regard to its conflict of law provisions, except where prohibited by applicable local laws (e.g., mandatory consumer protection laws in your jurisdiction). Any legal suit, action, or proceeding arising out of or relating to these Terms or the App shall be instituted in the federal or state courts located in Palm Beach County, Florida, unless local law requires otherwise. You waive any objections to the jurisdiction or venue of such courts, to the extent permitted by law.

12. Changes to the Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms within the App’s settings menu or by other reasonable means. Your continued use of the App after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the App.

13. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

Junk Boss Inc.
Email: info@motionsicknessrelief.com

By using the Motion Sickness Relief App, you acknowledge that you have read, understood, and agree to be bound by these Terms.