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Legal

End-user license agreement

Version
2.0
Effective
Last updated

This End-User License Agreement ("EULA") is a legal agreement between you and Lucky Future Ltd governing your use of the Ferber mobile application for iPhone (iOS). The EULA exists alongside our terms of service; where the two overlap, the terms of service govern. Where they conflict, the terms of service prevail.

1. Grant of license

Subject to your compliance with this EULA and our terms of service, we grant you a personal, non-exclusive, non-transferable, revocable license to install and use the Ferber app on devices that you own or control, solely for personal, non-commercial use.

2. In-app purchase

Night 1 of the program is free. Nights 2 to 7 require the Full 7-Night Program, a one-time, non-consumable in-app purchase processed by Apple. It is not a subscription and does not renew. It can be shared through Apple Family Sharing and restored on devices signed in with the same Apple ID. Pricing, refunds and restoring are described in the terms of service and on the pricing page.

3. Restrictions

You may not:

  • Copy, modify, or create derivative works of the app.
  • Reverse-engineer, decompile, or disassemble the app, except to the extent permitted by applicable law that cannot be excluded by this EULA.
  • Rent, lease, lend, sell, sublicense, or transfer the app to any third party.
  • Remove or alter any proprietary notices or labels on the app.
  • Use the app to violate any law, infringe any intellectual property right, or harm any person.

4. Ownership

The app is licensed, not sold. All title, ownership rights, and intellectual property rights in and to the app remain with Lucky Future Ltd and its licensors. This EULA does not grant you any ownership rights in the app.

The Ferber method is published by Dr. Richard Ferber, M.D., in Solve Your Child's Sleep Problems. We have implemented the method as published, with primary-source citations on every page that makes a method claim. We are not affiliated with or endorsed by Dr. Ferber or Boston Children's Hospital.

5. Apple App Store

You acknowledge that this EULA is between you and Lucky Future Ltd, not between you and Apple Inc. Apple is not a party to this EULA and has no responsibility for the app or its content.

You also acknowledge:

  • Apple has no obligation to provide maintenance or support for the app.
  • If the app fails to conform to any applicable warranty, you may notify Apple, who will refund the purchase price; Apple will have no further warranty obligation.
  • Apple is not responsible for addressing any claims by you or any third party relating to the app.
  • If a third party claims the app infringes their intellectual property rights, Lucky Future Ltd is responsible for the investigation, defence, settlement, and discharge of any such claim, not Apple.
  • Apple and its subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

6. Disclaimers

The app is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Lucky Future Ltd disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

Sleep training outcomes vary. The app does not guarantee that the Ferber method will produce a particular result for your baby. The app is educational software, not a medical device.

7. Limitation of liability

To the maximum extent permitted by law, Lucky Future Ltd's total liability to you for any claim arising out of or relating to the app is limited to the greater of (a) the amount you have paid for the app and its in-app purchase in the 12 months before the claim, or (b) US$50.

Nothing in this EULA excludes liability that cannot be excluded under the law of your home jurisdiction, including liability for death, personal injury caused by negligence, or fraud.

8. Term and termination

This EULA takes effect when you install or use the app and continues until terminated. You may terminate it at any time by uninstalling the app. We may terminate it if you breach a material provision of this EULA or our terms of service.

On termination, your right to use the app ends immediately. Sections 4, 6, 7, and 9 of this EULA survive termination.

9. Governing law

This EULA is governed by the laws of England and Wales. Any dispute arising under this EULA will be subject to the exclusive jurisdiction of the courts of England and Wales, except where local consumer-protection law gives you the right to bring proceedings in another jurisdiction.

10. Contact

Questions about this EULA: legal@ferberapp.com.