Terms of Use

Welcome! These Terms of Use / EULA (“Terms”) are a legal agreement between you (“you” or the “End-User”) and Sidewave Digital Inc. (“we,” “our,” or “us”) regarding your use of the Mosaic Journal iOS application, website(s), and related services (collectively, the “App”). By downloading, installing, accessing, or using the App, you agree to these Terms.

1) Eligibility & Accounts

You must be the age of majority in your jurisdiction (or have parental/guardian consent) to use the App. You are responsible for your device, internet access, Apple ID, and keeping your login and device secure.

2) License & Scope

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download and use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The App may be accessed by other accounts associated with you via Family Sharing or volume purchasing where available.

3) Acknowledgement

You acknowledge that this EULA is concluded solely between you and Sidewave Digital Inc., not with Apple. Sidewave Digital Inc.—not Apple—is solely responsible for the App and its content. These Terms do not conflict with the Usage Rules in the Apple Media Services Terms and Conditions (which you acknowledge you have had the opportunity to review).

4) Free Features, Paid Subscriptions & Trials

• Free features: The App includes features available at no charge.
• Paid features: We also offer subscriptions that unlock additional functionality. Pricing and plan details are shown in-App and may change for future billing cycles.
• 7-day trial: Eligible subscriptions may start with a 7-day free trial. If you do not cancel at least 24 hours before the end of the trial, your subscription will automatically convert to a paid subscription and the applicable charge will be processed via Apple.
• Billing & renewal: Payment, renewals, and cancellations are managed by Apple through your App Store account. Your plan renews automatically unless you turn off auto-renew at least 24 hours before the end of the current period.
• Cancel anytime: You can cancel future renewals anytime in your device’s Settings > Apple ID > Subscriptions. When canceled, you will retain paid features until the end of the current period, after which paid features will be lost. Access to free features remains.
• Refunds: To the extent permitted by law, Apple handles refund requests for purchases made via the App Store. Sidewave Digital Inc. does not process App Store refunds directly.

5) Maintenance & Support

Sidewave Digital Inc. is solely responsible for providing maintenance and support for the App, as required by law or specified in these Terms. Apple has no obligation to furnish any maintenance or support services with respect to the App.

6) Warranty; Disclaimers

To the maximum extent permitted by law, the App is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, quiet enjoyment, accuracy, or non-infringement.

Apple Warranty Notice: If the App fails to conform to any applicable warranty that has not been effectively disclaimed, you may notify Apple and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are Sidewave Digital Inc. sole responsibility.

7) Product Claims

Sidewave Digital Inc.—not Apple—is responsible for addressing any claims by you or a third party relating to the App or your possession or use of the App, including but not limited to: (i) product liability claims; (ii) claims that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation (including, where applicable, in connection with HealthKit or HomeKit frameworks). These Terms do not limit Sidewave Digital Inc. liability beyond what is permitted by applicable law.

8) Intellectual Property

The App, including all software, interfaces, graphics, trademarks, logos, and content, is owned by Sidewave Digital Inc. or its licensors and is protected by intellectual property laws. Except for the limited license granted above, no rights are transferred to you.

9) IP Claims

In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Sidewave Digital Inc.—not Apple—will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

10) Acceptable Use

• Do not misuse the App (e.g., reverse engineer, interfere with operation, attempt unauthorized access, or use it to transmit malware or unlawful content).
• You are responsible for your content and for complying with all applicable laws.
• We may remove or restrict content or access that violates these Terms or the law.

11) Privacy

Your use of the App is also governed by our Privacy Policy (available in-App or on our website). Please review it to understand how we collect, use, and share information.

12) Third-Party Services & Terms

The App may rely on third-party services (e.g., cloud services, analytics, or internet/wireless carriers). You must comply with all applicable third-party terms of agreement when using the App (for example, your wireless data service agreement if applicable).

13) Export & Sanctions Compliance

You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

14) Limitation of Liability

To the maximum extent permitted by law, in no event will Sidewave Digital Inc., its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or related to your use of or inability to use the App, even if advised of the possibility of such damages. Our aggregate liability to you for all claims relating to the App shall not exceed the greater of (a) the amounts you paid to us (if any) for the App in the twelve (12) months preceding the claim, or (b) CAD $50.

15) Data, Storage & Backups

You are responsible for maintaining and backing up your content. We do not guarantee that content will always be available and we are not responsible for loss of content.

16) Suspension & Termination

We may suspend or terminate your access if you materially breach these Terms, if required by law, or to protect the App or other users. You may stop using the App at any time. Upon termination, the license granted to you ends and you must cease use and delete the App.

17) Changes to the App or Terms

We may update the App or these Terms from time to time. Material changes will be communicated by reasonable means (e.g., in-App notice). Continued use after changes take effect constitutes acceptance.

18) Apple as Third-Party Beneficiary

You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

19) Developer Name & Contact

Sidewave Digital Inc.
Ottawa, Ontario, Canada
Email: mosaic@sidewavedigital.com (or use the contact method listed in the App)

20) Governing Law; Venue

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. You agree to the exclusive jurisdiction and venue of the courts located in Ottawa, Ontario, for any dispute that is not subject to arbitration (if applicable) or cannot be brought in small-claims court. Consumers may have non-waivable rights under local law.

21) Miscellaneous

• Severability: If any provision is held invalid, the remaining provisions remain in effect.
• No waiver: Failure to enforce a provision is not a waiver.
• Assignment: You may not assign these Terms without our consent. We may assign these Terms as permitted by law.
• Entire agreement: These Terms (plus any additional terms presented in-App, including our Privacy Policy) constitute the entire agreement regarding the App.

If you do not agree with these Terms, please do not download, install, or use the App.