Nami — Terms of Service and End User License Agreement

These terms govern the use of the Nami app for macOS ("the software") and the associated synchronization service, provided by:

Impekoven & Lips GbR – DigitalTwo Ventures, Im Stockental 15, 50389 Wesseling, Germany ("we", "us").

By downloading, installing or using the software, you agree to these terms.

Nami is a native macOS application for focused work, offering a spatial ambient sound mixer, a sound library, curated and custom "Places", a focus timer with session lock, usage statistics, and optional head tracking with supported AirPods. In addition to the main application, Nami provides a menu bar shortcut for quick access to key settings and controls. The basic version is free of charge. Certain features ("Nami Pro") are unlocked by a one-time purchase — Nami Pro is not a subscription. Nami does not require a user account: after purchase you receive a license key which you enter in the app.

Purchases of Nami Pro are processed by Polar Software, Inc. ("Polar") acting as merchant of record. This means that the purchase contract for Nami Pro is concluded between you and Polar; Polar handles payment, invoicing, applicable taxes, refunds and the statutory right of withdrawal for consumers. Polar's terms and policies apply to the purchase transaction: https://polar.sh/legal/terms

Right of withdrawal (consumers in the EU/EEA): For contracts on the supply of digital content, consumers generally have a 14-day right of withdrawal. This right expires before the end of the withdrawal period if performance has begun (e.g. delivery of the license key) after you have expressly consented to immediate performance and confirmed your knowledge that you thereby lose your right of withdrawal, and a confirmation of the contract has been provided to you on a durable medium. The checkout process implements these confirmations; withdrawal and refund requests are handled by Polar as the seller in accordance with the applicable statutory provisions. We do not offer any additional voluntary return or refund arrangements beyond your statutory rights.

Upon activation of Nami Pro, we grant you a simple (non-exclusive), non-transferable, perpetual license to use the Pro features of the software for your own purposes. The number of Macs on which the license key may be used depends on the license you purchased: single licenses are valid for one Mac, multi-device licenses for three or five Macs that you own or control. The free version may be used on any number of your devices.

You may not:

• (a) distribute, sell, rent, sublicense or publicly provide the software or your license key;
• (b) reverse engineer, decompile or disassemble the software except to the extent permitted by mandatory law (e.g. Sections 69d, 69e of the German Copyright Act);
• (c) circumvent technical protection or license validation measures;
• (d) use the software in an unlawful manner.

All intellectual property rights in the software, including its sounds, artwork and "Places", remain with us or our licensors. Sounds and content provided in the app are licensed for playback within the app only and may not be extracted or reused.

If you create your own Places and share them with others via the app, you grant us the non-exclusive right to store, reproduce and make them available to other users for the operation of this feature. You warrant that shared content does not infringe third-party rights. We may remove shared content that violates these terms or applicable law.

The software does not require a user account. Each time it is launched, it verifies with our server whether your license key is still valid; details are set out in the app privacy policy. You must not circumvent or manipulate this validation.

Where the software offers backup and synchronization of your statistics and settings, this runs through your own iCloud account. This function requires an Apple ID and a working iCloud configuration on your device; your agreement with Apple applies to it. We have no access to the data stored in your iCloud account and cannot guarantee the availability of Apple's services. The core functions of the software remain usable locally without synchronization.

We provide updates that are necessary to keep the software in conformity with the contract (including security updates) for the period required by law. Beyond that, we decide at our reasonable discretion which functional updates we release. The software checks for updates automatically via its built-in update mechanism.

For consumers, the statutory warranty rights for digital products apply.

We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act. In the event of a slightly negligent breach of an essential contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely), our liability is limited to the foreseeable damage typical for this type of contract. Any further liability is excluded. This does not imply a change of the burden of proof to your disadvantage.

You may stop using the software at any time and request deletion of your account. We may terminate the license for good cause, in particular in the event of a serious violation of Section 4. Your statutory rights remain unaffected.

We may amend these terms with effect for the future where this is necessary for valid reasons (e.g. changes in law, new features) and the amendment is reasonable for you. We will inform you of material changes in the app or on our website.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not deprive you of the protection afforded by mandatory provisions of the law of your country of habitual residence. Should individual provisions of these terms be invalid, the validity of the remaining provisions remains unaffected.

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 VSBG).

Contact: support@impisoft.de