PLEASE READ THIS CAREFULLY. These Terms contain a binding arbitration clause and a class action waiver (Section 20). By agreeing to these Terms, you agree to resolve disputes with Tranqui through individual arbitration rather than in court, and you give up your right to participate in a class action. You have 30 days to opt out — see Section 20.6.
Tranqui is an app for managing stress and understanding your emotions. These Terms are the agreement between you and AZEApps LLC, the company that operates it. They set out what you can expect from us, what we expect from you, and what happens when something goes wrong.
We have tried to write them plainly. Where the law forces us to use a term of art, we say what it means. If anything here is unclear, email us at legal@apptranqui.com and we will explain it.
1. Acceptance of these terms
Tranqui is operated by AZEApps LLC, an Illinois limited liability company. In these Terms, "Tranqui", "we", and "us" mean AZEApps LLC, and "you" means the person using the app. "The Services" means the Tranqui mobile app, the apptranqui.com website, and anything else we offer that links to these Terms.
By creating a Tranqui account, you agree to these Terms. If you already have an account, continuing to use Tranqui after these Terms take effect means the same thing. If you do not agree to them, do not create an account, and stop using Tranqui.
These Terms include our Privacy Policy, which explains what we collect and what we do with it. Read it — it is a real description of how the app works, not a formality.
If you are agreeing to these Terms on behalf of a company or another organization, you confirm that you have the authority to bind it, and "you" means that organization.
2. Who can use Tranqui
Tranqui is for adults. You must be 18 or older to create an account or use the Services.
When you sign up we ask you to select an age range. We do not verify it. We rely on what you tell us, we do not collect identity documents or a date of birth to check it, and asking is not age verification. By using Tranqui you represent that you are at least 18 years old.
If we learn that an account belongs to someone under 18, we will close it and delete its contents. If you believe a person under 18 has an account with us, email privacidad@apptranqui.com and we will act on it.
You also confirm that you are not barred from using the Services under the laws of the United States or the country you are in, and that you are not on any government sanctions or restricted-party list.
3. Your account
You need an account to use Tranqui. You can create one with an email address and a password, or by using Sign in with Apple.
Your responsibilities are simple:
- Give us accurate information, and keep it current.
- Keep your credentials to yourself. You are responsible for everything that happens under your account.
- Tell us if something looks wrong. If you think someone else has got into your account, email legal@apptranqui.com straight away.
One account per person. Do not share your account, sell it, or let someone else use it.
To delete your account, email privacidad@apptranqui.com and ask us to. A person handles the request, and we delete your account and its contents on the schedule set out in Section 10 of the Privacy Policy. Deleting your account does not cancel a paid subscription — see Section 4.
4. Subscriptions, free trial, renewal, and cancellation
Tranqui is sold as an auto-renewing subscription. All billing happens through the Apple App Store. We never see or hold your card details.
4.1 The free trial
We may offer new subscribers a free trial lasting 3 days. Whether a trial is available to you depends on the offer running when you subscribe and on Apple's eligibility rules, so check what the App Store shows you before you confirm the purchase.
The trial converts automatically into a paid subscription unless you cancel it. If you do not cancel before the trial ends, Apple charges your Apple ID and the subscription begins.
The trial converts to the plan you selected, at the price shown for that plan on the App Store purchase screen in your country, plus any tax that applies where you live. We do not state a figure here because there is not one: prices differ by plan and Apple sets them separately for every App Store country. Apple shows you the exact amount, the billing period, and the renewal terms on that screen before you confirm — that screen, not this page, is where your price is stated, and it is worth reading carefully.
If you have already used a free trial, you are not entitled to another one. Apple decides trial eligibility, not us.
4.2 Renewal
Your subscription renews automatically at the end of each billing period, at the then-current price, until you cancel. Apple charges your Apple ID within 24 hours before the end of the current period.
4.3 Cancelling
You cancel through Apple, not through us. On your device, open Settings > [your name] > Subscriptions, select Tranqui, and choose to cancel. You can also cancel from the App Store app or at apple.com/subscriptions.
Cancel at least 24 hours before your renewal date. Apple takes payment for the next period in the 24 hours before the current one ends. If you cancel inside that window, that payment has already been taken and you have paid for one more period. Your cancellation then applies to the period after that.
Either way, you keep access to everything you have paid for until that period runs out. We do not cut it short.
Deleting the app does not cancel your subscription. Removing Tranqui from your device, or asking us to delete your account, does not stop Apple from billing you. You must cancel through your Apple ID subscription settings as described above.
4.4 Refunds
Apple issues refunds, not us. We cannot refund an App Store purchase, reverse a charge, or credit your account, because we never receive the payment ourselves.
To ask for a refund, go to reportaproblem.apple.com and follow Apple's process. Apple decides refund requests under its own policies.
Except where the law of your country or state requires otherwise, subscription fees are not refundable, and we do not give partial refunds for an unused part of a billing period.
4.5 Your Apple ID governs
Because billing runs through the App Store, Apple's terms for your Apple ID and Apple Media Services also apply to your purchase. Where Apple's rules and this Section differ on how billing works, Apple's rules govern the billing.
5. Price changes
We may change the price of a subscription. A price change never applies to a period you have already paid for; it takes effect at your next renewal.
Before an increase takes effect, we will tell you by email at the address on your account. Apple will also notify you, and where Apple's rules require your agreement to a price increase, your subscription will not renew at the higher price unless you agree.
If you do not want to pay the new price, cancel before your next renewal date, following Section 4.3.
6. Licence to use Tranqui
We give you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to download and use Tranqui on any Apple-branded device that you own or control, for your own personal, non-commercial use, for as long as you comply with these Terms.
That is all we give you. We do not sell you the app, and we keep every right we have not expressly granted.
You must not:
- Copy, modify, translate, or create derivative works from the app or its content, except as the law permits despite this restriction.
- Reverse engineer, decompile, or disassemble the app, or try to derive its source code.
- Rent, lease, lend, sell, sublicense, or distribute the app or access to it.
- Remove or obscure any copyright, trademark, or other proprietary notice.
- Use any robot, scraper, or automated means to access, extract, or index the Services.
- Circumvent, disable, or interfere with any security or access-control feature.
If you obtained Tranqui through the App Store, your use must also comply with the Usage Rules in Apple's Media Services Terms. See Section 24.1.
7. Your content
"Your content" means the moods and emotions you log, the reflections you write, and anything else you put into Tranqui.
Your content is yours. We do not claim ownership of it, and creating an account does not transfer any rights in it to us.
To run the app, we need permission to handle what you write. So you grant us a limited, non-exclusive, royalty-free, worldwide licence to host, store, back up, reproduce, and display your content, solely to operate and provide the Services to you — storing your entries, showing you your own history, syncing your account across your devices, and choosing which exercises and prompts the app offers you.
That licence is deliberately narrow, and it has hard limits:
- It ends when the content does. When you delete an entry or your account, the licence terminates for that content. The only exception is our encrypted backups, which are purged on a rolling 90-day cycle and are used for nothing except restoring the service after a failure.
- It does not let us publish your content, share it with advertising partners, sell it, or use it for marketing.
- It does not let anyone train an AI model on it. Not us, not a vendor. See Section 9 and Section 6 of the Privacy Policy.
- It grants no rights to anyone else, other than the service providers named in the Privacy Policy who store the data on our behalf.
You are responsible for your content, and you confirm that you have the right to put it in Tranqui and that it does not infringe anyone else's rights or break the law.
We do not monitor your entries. Tranqui has no feature that reads what you write and no human at AZEApps LLC reviews it as a matter of routine. We access journal content only where it is strictly necessary to resolve a support request you have made and that cannot be resolved another way, or where the law requires it. See Section 11 of the Privacy Policy.
Two other Sections give us powers that are narrower than a monitoring right, and neither of them changes the paragraph above. Under Section 14 we may remove or disable access to material we receive a copyright notice about. Under Section 19 we may suspend or close an account, and in deciding whether to do that we may examine account, device, and purchase information — never the content of your entries. Each of those is a response to something brought to our attention — a notice, a report, a security signal, or a legal demand. Neither of them is a general right to read your journal, and we do not have or want one. Nothing in those Sections obliges us to look for a problem, and you should not rely on us finding one.
Keep your own copies of anything you would be upset to lose. We back the Services up, but we are not a records archive and we do not guarantee that your content will always be recoverable.
8. Acceptable use
Use Tranqui for what it is for. You must not:
- Break the law, or use Tranqui to help anyone else break it.
- Use Tranqui to harass, threaten, defame, or harm another person.
- Upload malware, or anything designed to damage or disrupt software or hardware.
- Attempt to gain access to another user's account, to our systems, or to any data you are not entitled to.
- Interfere with the Services, overload our infrastructure, or test its security without our written permission. If you think you have found a vulnerability, tell us — Section 11 of the Privacy Policy explains how, and we will not pursue you for a good-faith report.
- Impersonate anyone, or misrepresent your connection to a person or organization.
- Use the Services to build a competing product, or to extract data for that purpose.
- Resell access to Tranqui, or use it for any commercial purpose.
- Abuse free trials, promotions, or refunds, including by creating multiple accounts to get repeated trials.
If you break these rules, Section 19 explains what we may do about it.
9. AI-generated content
Some of the content in Tranqui — exercises, prompts, explanations, and educational material — was written with the help of artificial intelligence before it ever reached the app. We want to be precise about what that does and does not mean.
- AI generates static in-app content only. Anything an AI model produced for Tranqui was produced in advance and shipped as part of the app. It is the same for every user.
- AI does not read, process, or respond to anything you write. Your entries, reflections, and moods are never sent to an AI model. There is no chatbot in Tranqui, and nothing you write is answered by a machine.
- No user data trains any model. Not ours, and not a third party's.
AI-generated content is general information, and two things about it are worth separating. The text itself is not personalized: every word of it was written in advance and is identical for every user, and nothing you write is read by a model or answered by one. What the app does do is choose which of that content to show you — based on the moods and emotions you log and the answers you gave when you set up your account, as Section 5 of the Privacy Policy describes. That is a filter applied to material that already exists, not a reply written for you. So none of it is advice, none of it is a response to your situation, and it may be incomplete or wrong. Read Section 10 before you act on any of it.
If we ever build a feature that would send your content to an AI model, we would have to change this Section and Section 6 of the Privacy Policy first, tell you before it took effect, and ask for your consent.
10. Health and medical disclaimer
Tranqui is not a medical or mental health service. It does not provide diagnosis, treatment, or professional medical advice, and it is not a substitute for care from a qualified professional.
If you are in crisis, do not use Tranqui. In the United States, call or text 988 (Suicide & Crisis Lifeline), or call 911 for a medical emergency. Outside the United States, contact your local emergency number or go to the nearest emergency room.
Tranqui is a self-help tool for general wellbeing. Everything in it is general information. It is not a diagnosis, a treatment plan, a therapy session, or a clinical recommendation, and using it does not create a doctor-patient, therapist-client, or any other professional relationship between you and AZEApps LLC or anyone working for it.
We do not monitor you and we cannot detect a crisis. Nobody at Tranqui reads your entries as they are written, and the app has no feature that flags distress, alerts anyone, or contacts emergency services on your behalf. If something is wrong, the app will not notice. Reach a person.
Talk to a professional before you act. Always seek the advice of a physician, licensed therapist, or other qualified provider with any question about a medical or mental health condition. Never disregard professional advice, or delay getting it, because of something you read in Tranqui. If you are receiving treatment, do not change or stop it based on the app.
You use Tranqui at your own risk. You accept that responsibility for yourself. Exercises involving breathing, relaxation, movement, or reflection on difficult experiences are not right for everyone, and reflecting on painful subjects can be distressing. Stop if something makes you feel worse, and speak to a professional.
We make no representation that Tranqui will improve your mental health, reduce your stress, or produce any particular result. It is a tool, and tools do not work for everybody.
11. Third-party services and links
Tranqui depends on services we do not control. Apple provides the App Store and processes payments. RevenueCat manages subscriptions. Our other providers are named in Section 7 of the Privacy Policy.
The Services may contain links to websites, resources, or content that we do not operate. We provide them for convenience. We do not endorse them, we do not control them, we are not responsible for their content or their practices, and their own terms and privacy policies apply when you go there.
Your relationship with a third-party service is between you and that service. If it fails, changes, or shuts down, that is outside our control, and Sections 16 and 17 apply.
12. Intellectual property
Tranqui — the app, the website, the software, the design, the text, the exercises, the audio, the images, the trademarks, and the name "Tranqui" itself — belongs to AZEApps LLC or the people we licence it from, and is protected by copyright, trademark, and other laws.
Section 6 sets out what you may do with it. Everything else needs our written permission. You may not use our name, logo, or branding without it.
Your content is not covered by this Section. Section 7 governs your content, and nothing here gives us ownership of it.
13. Feedback
If you send us an idea, a suggestion, a bug report, or a feature request, we are grateful, and we may use it without any obligation to you.
You grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, and incorporate that feedback into the Services, with no compensation, credit, or confidentiality obligation. Do not send us feedback that you consider confidential or that you do not have the right to give us.
This Section applies to feedback only. It does not apply to your journal content, which is governed by Section 7.
14. Copyright and DMCA notices
We respect copyright, and we respond to notices of claimed infringement under the Digital Millennium Copyright Act.
Tranqui does not have public posting, sharing, or community features — journal content is private to the account that wrote it. But if you believe material on the Services infringes your copyright, send a written notice to our designated agent:
Copyright Agent, AZEApps LLC
229 West Ash Street, Lombard, IL 60148
Email: legal@apptranqui.com
To be effective, your notice must include all of the following, as 17 U.S.C. Section 512(c)(3) requires:
- A physical or electronic signature of the copyright owner, or someone authorized to act for them.
- Identification of the copyrighted work you say has been infringed.
- Identification of the material you say is infringing, with enough detail for us to find it.
- Your address, telephone number, and email address.
- A statement that you believe in good faith that the use is not authorized by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
We may remove or disable access to material we are told is infringing, and we may terminate the accounts of repeat infringers.
Counter-notice. If your material was removed and you believe that was a mistake or a misidentification, you may send a counter-notice to the same agent, containing the elements set out in 17 U.S.C. Section 512(g)(3).
Knowingly making a material misrepresentation in a notice or a counter-notice can make you liable for damages under 17 U.S.C. Section 512(f).
15. Electronic communications
When you use Tranqui or email us, you are communicating with us electronically, and you consent to receive communications from us electronically — by email to the address on your account, or by a notice posted on apptranqui.com.
You agree that electronic communications satisfy any legal requirement that a communication be in writing, and that electronic records and signatures have the same effect as paper ones.
What you need to receive them. A device with an internet connection, a working email address that can receive messages from us, and either a current web browser or the Tranqui app. If you want to keep a copy, you also need a way to print or save what we send.
Withdrawing your consent. You can withdraw your consent to receive communications electronically at any time by emailing legal@apptranqui.com. We do not charge for that. But electronic communication is how Tranqui works — we have no paper channel for account or subscription notices — so withdrawing consent means we will close your account. Cancel your subscription first, under Section 4.3, or Apple will keep billing you.
Paper copies. If you want a paper copy of a notice we have sent you, ask at legal@apptranqui.com and we will post one to you at no charge. Tell us the address to send it to.
We will send you messages about your account, your subscription, security, and changes to these Terms. Those are part of the service and you cannot opt out of them while you have an account. Marketing email is separate, and every marketing message has an unsubscribe link.
You can turn off the app's push notifications at any time in Settings > Notifications > Tranqui on your device.
Keep the email address on your account current, and tell us at legal@apptranqui.com if it changes. A notice we send to the address on your account counts as delivered.
16. Disclaimer of warranties
Tranqui is provided "as is" and "as available", with all faults and without warranty of any kind.
To the maximum extent permitted by law, we disclaim all warranties, express, implied, and statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising from a course of dealing or usage of trade.
We do not warrant that the Services will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that the Services will meet your needs or produce any particular result; or that any content in the app is accurate, complete, or current.
No advice or information you get from us, whether spoken or written, creates any warranty that these Terms do not expressly state.
Some states and countries do not allow the exclusion of implied warranties. Where that is true, the exclusions above do not apply to you, and any implied warranty is limited to the shortest period the law allows.
17. Limitation of liability
To the maximum extent permitted by law, AZEApps LLC and its members, managers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, loss of goodwill, or the cost of substitute services, arising out of or relating to these Terms or your use of Tranqui — even if we have been told that such damages were possible, and regardless of the legal theory the claim rests on.
To the maximum extent permitted by law, the total aggregate liability of AZEApps LLC and its members, managers, employees, and contractors arising out of or relating to these Terms or your use of Tranqui will not exceed the greater of (a) the amount you paid for the Services in the twelve months before the event giving rise to the claim, or (b) one hundred United States dollars (US$100).
These limits apply to every claim of every kind, and they survive any failure of an essential purpose of a limited remedy.
Some states and countries do not allow the exclusion or limitation of certain damages, including liability for death or personal injury caused by negligence, for fraud, or for gross negligence or willful misconduct. Where that is true, those exclusions do not apply to you and our liability is limited to the least that the law allows.
You and we both understand that these limits are part of the basis of the bargain. Tranqui is offered at the price it is offered at because of them.
18. Indemnification
You agree to indemnify, defend, and hold harmless AZEApps LLC and its members, managers, employees, and contractors from any claim, demand, loss, liability, damage, cost, or expense, including reasonable legal fees, brought by a third party and arising out of:
- your content;
- your breach of these Terms;
- your violation of any law or of anyone else's rights.
We will tell you promptly about any claim we want indemnified, and we may take over the defense of it at our own expense if we choose. If we do, you agree to cooperate. You may not settle a claim in a way that imposes any obligation on us without our written consent.
This Section does not apply to a claim to the extent it results from our own gross negligence or willful misconduct.
19. Suspension and termination
You can leave whenever you want. Cancel your subscription through Apple as described in Section 4.3, and email privacidad@apptranqui.com if you want your account and its contents deleted. Those are two separate steps, and doing one does not do the other.
We may suspend or terminate your access if you break these Terms, if we reasonably believe your account is being used for fraud or to harm someone, if the law requires it, or if we stop offering the Services. Where it is practical and lawful to do so, we will tell you first and give you a chance to fix the problem. For a serious or repeated breach, or where a delay would cause harm, we may act immediately.
We may change or discontinue the Services. We may add features, remove them, or stop offering Tranqui altogether. If we discontinue the Services entirely, we will give you reasonable notice by email so that you can cancel your subscription and ask us for a copy of your content, or ask us to delete it.
What happens when access ends. Your licence under Section 6 ends immediately, and you must stop using the app. Cancelling your subscription does not by itself delete your data — ask us if you want it deleted. If we terminate your account for a breach of these Terms, you are not entitled to a refund of fees already paid, subject to the law where you live and to Apple's refund policies.
What survives. Sections 7 (as to content already deleted, only for the backup window described there), 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 23, and 24.1 survive the end of your account, along with anything else that by its nature should. Section 24.1 survives because Apple's rights as a third-party beneficiary do not end when your account does. Section 15 survives because it is how a notice reaches you after your account is gone — including a notice about a dispute under Section 20 — so the email address you last gave us remains the address we will use.
20. Dispute resolution and binding arbitration
Please read this Section carefully. It affects how legal disputes between you and us are resolved, and it limits the ways you can seek relief. It applies to any dispute between you and AZEApps LLC — or its affiliates, members, managers, employees, agents, and contractors — arising out of or relating to these Terms or the Services, whether the claim is based on contract, tort, statute, or anything else. Those people and entities may enforce this Section as if they were named parties to it.
20.1 Informal resolution first
Most problems can be sorted out without lawyers, and we would rather sort yours out that way.
Before either of us starts an arbitration or a lawsuit, the complaining party must send the other a written notice describing the dispute, the relief it wants, and enough detail for the other side to evaluate it. You send yours to AZEApps LLC at 229 West Ash Street, Lombard, IL 60148, or by email to legal@apptranqui.com. We send ours to the email address on your account.
Both parties then have 60 days to try to resolve the dispute informally. Neither may begin arbitration or file suit until those 60 days have passed. The clock on any limitations period is paused while the 60 days run.
This notice requirement does not apply to a small claims action under Section 20.7. You do not have to wait 60 days to file one.
20.2 Agreement to arbitrate
If the dispute is not resolved within those 60 days, you and we agree to resolve it by binding individual arbitration, not in court, except as Sections 20.6 and 20.7 provide.
- The arbitration is administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in effect when the arbitration begins. Those rules are at adr.org.
- A single arbitrator decides the case. The arbitrator may award any relief a court could award to you individually, and only to you individually.
- The arbitration may be conducted by telephone, by video, or on written submissions. If there is a hearing in person, it takes place in the county where you live, or somewhere else you and we agree on.
- The Federal Arbitration Act governs this Section, including whether a dispute must be arbitrated.
- The arbitrator's decision is final and binding, and judgment on the award may be entered in any court with jurisdiction.
- The arbitrator decides all issues arising under this Section, except that a court, not the arbitrator, has exclusive authority to decide whether the class action waiver in Section 20.4 is enforceable.
- We will pay the filing, administrative, and arbitrator fees that the AAA's Consumer Arbitration Rules assign to us. We will also advance your share of those fees, so that you do not have to pay anything to the AAA to start an arbitration. If the arbitrator finds that your claim was frivolous or brought for an improper purpose, we may recover from you the amount we advanced.
20.3 Jury trial waiver
You and we each give up the right to a trial by jury. If for any reason a claim between us proceeds in court rather than in arbitration, both of us waive any right to a jury trial for that claim.
20.4 Class action waiver
Claims must be brought individually. You and we each agree that any claim will be brought only in that party's own capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, coordinated, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not preside over any form of class or representative proceeding.
If this waiver is found unenforceable as to a particular claim or a particular request for relief, then that claim or that request — and only that one — is severed from the arbitration and must proceed in court. The rest of this Section still applies to everything else.
20.5 Mass arbitration
If 25 or more claims of a similar nature are filed against us by or with the coordinated assistance of the same law firm or organization, the following applies instead of the AAA's ordinary process, and both parties agree the AAA should administer it this way:
- The claims are grouped into batches of no more than 50 claimants each, plus a final batch of whatever is left over.
- Each batch is treated as a single arbitration: one arbitrator, one set of filing fees, and one proceeding.
- Counsel for the claimants and counsel for us each select an equal number of batches to be arbitrated first. The remaining batches are stayed.
- All limitations periods are tolled for every claimant in a stayed batch, from the date their claim was first filed until their batch begins.
- No claimant waits indefinitely. If a stayed batch has not begun within 18 months of the date the first claim in the mass filing was submitted to the AAA, every claimant in that batch may choose to keep waiting, to arbitrate individually under Section 20.2, or to bring their claim in court or in small claims court under Section 20.7 instead. That choice is theirs alone, and we will not oppose it.
- Both parties will ask the arbitrators in the first batches to help the parties settle the rest.
This Section exists so that large numbers of similar claims can be resolved efficiently rather than being priced out by filing fees. It is not a waiver of anyone's right to arbitrate.
20.6 Your right to opt out
You can opt out of this entire arbitration Section, and you have 30 days to do it.
Send us written notice within 30 days of the date you first accepted these Terms. Either route works:
By email: legal@apptranqui.com, with "Arbitration Opt-Out" in the subject line
By post: AZEApps LLC, 229 West Ash Street, Lombard, IL 60148
Your notice must include:
- your full name;
- your postal address;
- the email address on your Tranqui account; and
- a clear statement that you do not want to resolve disputes with AZEApps LLC through arbitration.
That is all we require. You do not need any particular wording beyond an unambiguous statement of intent, and you do not need to give a reason.
If you opt out, this Section 20 does not apply to you, and disputes between us are resolved in court under Section 21. Opting out affects nothing else. It does not change any other part of these Terms, and it has no effect on your account, your subscription, your price, or the service you receive. We will not retaliate for it in any way.
If you do not opt out within 30 days, you are bound by this Section.
20.7 Small claims
Either of us may bring an individual claim in a small claims court instead of arbitrating, as long as the claim qualifies under that court's rules and stays in that court on an individual basis.
Notwithstanding Section 21, you may bring a small claims action in the court serving the county where you live. You do not have to travel to Illinois to use this right, and we will not ask a court to move or dismiss a qualifying small claims action on the ground that Section 21 names a different venue. We will bring any small claims action of ours in the court serving the county where you live.
If a claim is filed in small claims court and later transferred, removed, or appealed to a different court, it must then be arbitrated under this Section.
21. Governing law and venue
These Terms, and any dispute arising out of them or the Services, are governed by the laws of the State of Illinois and the federal law of the United States, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to Section 20, any dispute that proceeds in court must be brought exclusively in the state or federal courts serving DuPage County, Illinois, where our registered address is, and you and we each consent to the personal jurisdiction of those courts and waive any objection based on venue or inconvenient forum.
Small claims are the exception. You may bring a qualifying individual small claims action in the court serving the county where you live, on the venue terms set out in Section 20.7, and you keep that right whether or not you opted out of arbitration under Section 20.6. If you opted out, Section 20.7's final paragraph — which sends a small claims action to arbitration if it is later transferred, removed, or appealed — does not apply to you, because Section 20 does not apply to you at all. Opting out never costs you a local small claims forum, and it never puts you back into arbitration on appeal.
If you live outside the United States, this Section does not take away any protection that the mandatory law of your country gives you and that cannot be waived by agreement. Where such a law applies, it prevails over this Section to the extent of the conflict.
22. Changes to these terms
We may update these Terms when the app or the law changes.
If a change is material — anything that meaningfully affects your rights, your money, or how disputes are resolved — we will tell you before it takes effect, by email to the address on your account, and we will update the "Last updated" date at the top of this page. For anything else, updating that date is the notice.
Changes are not retroactive. They apply from their effective date onward, and they do not change how a dispute that arose before then is handled.
If you keep using Tranqui after a change takes effect, you accept the updated Terms. If you do not accept them, stop using the app, cancel your subscription under Section 4.3, and email us to delete your account.
Changes to Section 20. If we materially change the arbitration Section, you may reject the change by sending us written notice, in the same way and to the same addresses as Section 20.6, within 30 days of the change taking effect. If you do, the version of Section 20 you agreed to before the change continues to govern disputes between us.
23. General
Severability. If any provision of these Terms is held unenforceable, it is modified to the minimum extent needed to make it enforceable, or struck if that is not possible. Everything else stays in force. Section 20.4 has its own severability rule, which prevails over this one.
No waiver. If we do not enforce a provision, that is not a waiver of it. A waiver counts only if we put it in writing, and it applies only to the occasion it was given for.
Assignment. You may not assign or transfer these Terms, or any right under them, without our written consent, and any attempt to do so is void. We may assign them to an affiliate, or in connection with a merger, acquisition, financing, or sale of assets, on notice to you.
Entire agreement. These Terms, together with the Privacy Policy and any other terms we link from them, are the whole agreement between you and us about the Services, and they replace any earlier agreement or understanding on the same subject.
Force majeure. Neither party is liable for a failure or delay in performance caused by something outside its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, epidemics, government action, power or internet failures, and the failure of a third-party service we depend on. This does not excuse your obligation to pay fees you owe.
No third-party beneficiaries. Nobody other than you and us has any right to enforce these Terms, with three exceptions: Apple, as set out in Section 24.1; the people and entities protected by Sections 17 and 18, as to those Sections; and the people and entities named in Section 20, as to that Section.
Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.
Headings and language. Headings are for convenience and do not affect meaning. These Terms are written in English. If we publish a translation and the versions conflict, the English version governs, unless the law where you live says otherwise.
Survival. Any provision that by its nature should survive the end of these Terms does so, as described in Section 19.
24. Contact, and terms that apply to Apple App Store users
Questions, notices, and legal correspondence go to:
AZEApps LLC
229 West Ash Street, Lombard, IL 60148
Support and general questions: tranqui@apptranqui.com
Legal: legal@apptranqui.com
Privacy and data requests: privacidad@apptranqui.com
Website: apptranqui.com
Email and post are both routes for notices and legal correspondence under these Terms — including the dispute notice under Section 20.1 and the arbitration opt-out under Section 20.6, either of which you may send by either route. Use the addresses above rather than the website's contact form, so that what you send reaches a person who can act on it. For billing, refunds, and cancellation, go to Apple first — Section 4 explains why.
24.1 Apple App Store
If you downloaded Tranqui from the Apple App Store, the following applies, and it prevails over anything in these Terms that conflicts with it:
- These Terms are between you and AZEApps LLC, not Apple. Apple is not a party to them and is not responsible for Tranqui or its content.
- Apple has no obligation to provide maintenance or support for Tranqui. If you need help with the app, email us at tranqui@apptranqui.com, not Apple.
- Warranties are our responsibility. If Tranqui fails to conform to any applicable warranty, you may tell Apple, and Apple will refund the purchase price if any. To the maximum extent permitted by law, Apple has no other warranty obligation of any kind, and any other claim, loss, liability, damage, cost, or expense attributable to a failure to conform to a warranty is our responsibility, subject to Sections 16 and 17.
- Product claims are our responsibility. Apple is not responsible for any claim by you or a third party relating to Tranqui or your possession or use of it, including product liability claims, any claim that Tranqui fails to conform to a legal or regulatory requirement, and any claim under consumer protection, privacy, or similar law. Those are our responsibility, subject to these Terms.
- Intellectual property claims are our responsibility. If a third party claims that Tranqui or your use of it infringes their intellectual property, we, not Apple, are responsible for investigating, defending, settling, and discharging that claim.
- Your use must follow Apple's rules. You confirm that you will use Tranqui in compliance with the Usage Rules in Apple's Media Services Terms, that you are not in a country subject to a United States embargo or designated as a terrorist-supporting country, and that you are not on any United States government restricted-party list.
- Apple is a third-party beneficiary of these Terms. Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple has the right — and is deemed to have accepted the right — to enforce these Terms against you as a third-party beneficiary.
24.2 Notice to California subscribers
California Civil Code Section 1789.3 requires providers of electronic commercial services to give their California subscribers the following notice.
The provider of the Services is AZEApps LLC, 229 West Ash Street, Lombard, IL 60148. We do not operate a public telephone line, so we cannot give you a number that a person would answer. Email is how we are reached: tranqui@apptranqui.com for support, and the addresses at the top of this Section for legal and privacy matters.
Charges. Tranqui is free to download. Full access is sold as an auto-renewing subscription, billed by Apple through the App Store. Prices differ by plan and by App Store country, so no single figure applies to every subscriber; Apple shows you the exact price, the billing period, and the renewal terms on the purchase screen before you confirm. Section 4 sets out the free trial, renewal, cancellation, and refund terms in full. We impose no other charges for the Services.
Complaints. To resolve a complaint about the Services, or to get more information about using them, email tranqui@apptranqui.com, or write to the postal address above. If a complaint becomes a legal dispute, Section 20.1 describes what happens next. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.